› Flat Chat Strata Forum › The Professionals › Manager Removal Strategy required › Current Page
There is no argument over the legitimacy of this situation however it means the Manager doesn’t have the support of a majority of Owners.
The law in NSW says the manager can only be appointed at a general meeting. I would have thought renewal of a contract would be the same as appointment.
At a general meeting you could carry the other owner’s proxy and it might come down to a poll vote (unit entitlements) too. Also, if the vote (at a general meeting) is on a motion to renew the contract and there is a tie, the motion fails and the contract is not renewed.
I have never heard of this kind of three-month rolling contract before and it sounds like an elaborate way of the strata manager looking like they have support of the majority of owners while getting round their legal obligation to end or renew their contract after three years.
Rather than drag someone on to the committee who doesn’t want to be there, I would wait until the next AGM and make sure that the wording of the motion to renew means that when it is tied the outcome is that the motion fails and the strata manager has to walk.