[murphy72]

Ok, Thank you for clarifying the issues. But in your first statement:

Ans: True. Once the Motion to appoint the Strata Managing Agent has been passed, they have to provide the Owners Corporation (O/C) with three signed (by them) copies of the document, which once all are signed by a representative of the O/C, the “deal’s done” and one copy is retained by the Secretary of the O/C.

This was not done.

[murphy72]

No not really, I am unsure of the legality of a agency agreement that was signed on one day but backdated by nearly 4 months.  Dept of fair trading informed me that even though a motion was carried at an AGM, an agency agreement had not been signed by the owners corp and therefore the option to go with another manager was there.  Yes I am an authorised representative, I have General Power of Attorney. The owners corp was coerced into signing because the manager did not inform owners of their rights or give an opportunity to discuss and decide what powers are to be given.  The Owners should not have had the meeting on strata premises.  It was an Owners Corp meeting not a strata meeting.  The manager is aware of the obligations available for managers but not informing owners of their rights.  In regards to time, you have just confirmed that the manager did 2 things wrong. 1st did not send notice asking owners what they want on the agenda and 2nd that only 7 days was given when it should have been 14.  I have put the same questions to dept of fair trading as I have put here.  Strata Community Australia talks about clear days.  

[Author]

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