Forum: Strata Managers under serious scrutiny

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Are some strata managers assuming too much?

Strata managers have shuffled into the Forum spotlight this week, prompting questions about, it seems, lack of knowledge or understanding of basic strata law.

Take a co-owner self-nominating for election to the strata committee.  The NSW strata Act is pretty clear on that, albeit in a roundabout way – they need to be nominated by the other co-owner, who must not be standing for election themselves.

To be precise, the Act says people eligible for election to the committee include “an individual who is a co-owner of a lot … if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member.”

In other words, co-owners can’t self-nominate. However, one Flatchatter’s strata manager says it’s “open to interpretation”.

Really? If, for instance, the strata manager assumes the other co-owner would be happy to nominate their other half, aren’t we on that slippery slope that “makes an ass of u and me”?

Is the strata manager just being pragmatic, or do they take strata law as a guideline rather than a set of rigid rules? Read about this strata manager’s other “fails” HERE.

Taking a different tack, one Flatchatter wonders what questions you should ask a candidate for strata manager before signing them up for a three-year contract.

Can a co-owner self-nominate for election to a committee, might be a good test question. Stumblers, mumblers and people who say it’s “open to interpretation” should only hear “don’t call us, we’ll call you” in response.

Jump in with your suggestions for questions that will separate the strata management sheep from the goats HERE.

And finally, one Flatchatter is looking for owners corps that have successfully changed strata management contracts, removing the SM’s immunity from liability, even for their own screw-ups.  That’s HERE.

Elsewhere on the Forum

  • Can individuals on the strata committee be held responsible for bad decisions?  That’s HERE.
  • Do we need new by-laws to cover existing shutters that weren’t part of the original plan?  That’s HERE.
  • Our by-laws haven’t been updated in more than 50 years. What do we need to do? That’s HERE.
  • Was the committee entitled to exclude me from a meeting where they were discussing tribunal action against me? That’s HERE.

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