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[Devil1]

Hi,

In a NSW strata, if there is supporting evidence of the Strata Manager breaching the Strata Agency agreement by breaking NSW legislation under the SSMA is the SC required to have an OC meeting to breach the Strata Manager or is the nature of the offence enough for the Secretary to breach on behalf of the OC.

The other question is, I have raised motions to examine the unlawful behaviour of the Strata Manager and breach them in the Agenda of a General Meeting. The Strata Manager has inserted a motion before mine on the Agenda to mutually terminate the agreement and indemnify the Strata company. How do I go about protecting the interests of the other Lot Owners in this case?

Is it not a clear case of conflict of interest and the Strata company trying to apply undue influence?

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[Jimmy-T]

Anyone can raise a complaint about a strata manager  but the strata committee would have to hold a meeting before doing that as representatives of the strata scheme.

As for the spoiler motion, it’s only a conflict of interest if the strata manager used proxy votes to vote on it.  And if  by indemnity you mean that it refers to costs being charged back to plaintiffs in a case against the strata scheme or managers, then it is probably invalid.

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[kaindub]

What do you want to get out of breaching the strata manager.

You can ask the committee to speak to the strata manager to improve their performance.

The strata manager can only be removed by a court and you have to prove they breached your contract .Easier said than done.

A motion to mutually terminate the contract is not necessary. The strata manager and the committee can agree to this.

If you are so unhappy it’s better to cut the ties and put this down to experience. Remember that the outgoing strata manager has obligations under the act to do an orderly handover.

Divorced and contract terminations never go well. Usually the only winners are the lawyers. Remember try to be happy and not necessarily right. It’s the cheapest and quickest way.

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[Ziggy]

It’s hard to be happy when a Strata Manager breaks the SSMA rules. Are they doing it because they’ve been persuaded to by an owner (as happened recently in my case) or do they not know or care less about the rules.

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[Devil1]

An update, GM meeting held 12th July and the OC had issues with the Strata Managing company. The Licensee in Charge chaired the meeting which was unusual. The OC acknowledged that NSW legislation had been broken (undisputed as I have a letter from NSW Fair Trading that says that) and the Strata Managing company admitted they broke the law, just by people that had since left the company. Upshot was the spoiler motion was raised and prejudiced my motions.

The OC decided not to mutually depart with the Strata Managing company and look to get new Managers after agreement expiry in 7 months.

in the meantime, we have handed a $2m remediation project (see my waterproofing entry) to a Strata Managing company that can’t even abide by NSW law. The kicker being today the SC held a paper vote to raise a by-law about our communication within the OC….

 

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