#66017
newb
Flatchatter

    Yes, what Jimmy said.

    If you stay where you are, you can hold your own meeting without the SM.

    First, request an inspection of the records, and make copies – strata roll, minutes, annual reports, bank statements etc.

    Document clearly and precisely and logically (unemotionally) what the issues are. Not holding AGMs for 3 years is pretty bad! And a clear breach.

    Research and find other strata management options. List the costs/ benefits of each.

    Contact everyone on the strata roll. Say I think we should change SM, or self manage, for these reasons. Here are some possible options, what do you think? (Keep it as painless as possible. Offer an easy solution that will save them money).

    Then discuss with and listen to and negotiate with the people who engage. Together with them request an Extraordinary General Meeting from the secretary, with motions 1. to not renew current contract, (yes/ no) and 2. to choose a strata management option from the list (include an “abstain” option. Hold the EGM and vote. Do up the minutes. Send to everyone and give your SM notice.

    As Jimmy said, a good potential new strata manager will help you.

    If the secretary doesn’t call a meeting, you may be able to if you have other owners wanting the meeting:

    Strata Schemes Management Act 2015
    S36 Functions of Strata Committee
    (2) A decision of a strata committee is taken to be the decision of the owners corporation. However, in the event of a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails.
    (3) The following decisions cannot be made by the strata committee–
    (a) a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,
    (b) a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.
    (4) An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though a strata committee holds office.

    You only need a 50% majority of yes votes from financial attendees at the meeting, for the above motions to carry.