Current Page

[easty]

Our Chairman and Secretary currently is our Strata Manager. He is not an I owner.

Can he continue in these positions after the 30th November?

Topic

[Sir Humphrey]

Is the strata manager also an owner? If not, I would be surprised if the manager could be chair and secretary. I have not paid attention to the details of the changes to the NSW legislation. However, even when all the EC functions are delegated to a manager, you still have to have an EC with chair, secretary and so on, and they still have the responsibility to see that their functions are being performed, even if that only means observing that the manager is doing the delegated functions. 

Quote

[easty]

@PeterC said:
Is the strata manager also an owner? If not, I would be surprised if the manager could be chair and secretary. I have not paid attention to the details of the changes to the NSW legislation. However, even when all the EC functions are delegated to a manager, you still have to have an EC with chair, secretary and so on, and they still have the responsibility to see that their functions are being performed, even if that only means observing that the manager is doing the delegated functions.   

After last AGM at the susequent meeting of the new EC no member of the new committee was willing to take on the responsibility of chair or secretary so by default these positions were handed over to our strata manager.  Our strata manager is not an owner.  Far from an ideal situation but that is the way it is.

In reading the new legislation it is not clear to me if he can continue to hold these positions after 30 July unless the term “building manager” includes strata managers.
 

Quote

[Jimmy-T]

It is OK for the owners to delegate the roles of chairman and secretary to the strata manager (for which he and she will be paid) and under the new laws building managers and letting agents can’t be on the committee unless they are also owners. 

However, I have to confess to having made an error in my “21 changes …” article.  Strata managers CAN be elected to committees, it’s building managers and rental agents who can’t unless they are owners.  Apologies all round.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote

[Author]

Replies