#73794
Jimmy-T
Keymaster

    I write a letter to the SC asking the Secretary to clarify whether he has assumed all the responsibilities associated with the role, or whether the manager still has legal responsibilities as a result of the delegated authority in the management agreement.

    I think it’s a good tactic but you have to be quite specific becasue the duties and reponsiblities of the starta manager and strata secretary overlap.  E.g. “In this scheme where a strata secretary has been elected and is in situ, who has prime responsibly for [whatever you think isn’t being done]  in the first instance, under normal circumstances.”

    I would add that condition because there are emergency situations where, under a normal back-up delegation of powers, the strata manager can to step in where the office-bearers are not able to function or are absent for whatever reason.

    For instance, if the secretary (for example) turned out to be unfinancial or just not around, the strata manager could call any meetings required to clarify the situation. In you scheme the strata manager thought they would be running the show with their decisions rubber-stamped by the committee and that is far from standard practice.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.