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This is how it works:
– the owners must appoint a strata committee – section 29
– if there is no strata committee, the strata manager can exercise any functions conferred on him/her – section 29(4) – refer below, the strata manager can only do that if the agreement provides for it
– the strata committee must appoint officers – the Chair, Secretary and Treasurer – section 41
– a person can be appointed to one or more of the offices of Chair, Secretary and Treasurer – section 41(3)
– the strata manager can exercise the functions of the officers where the agreement with the strata manager provides that the strata manager has and may exercise those functions – section 54(1)
– where the agreement provides that the strata manager can exercise the functions of the officers, the officers can also exercise those functions – section 54(2)
– if a strata manager has been delegated a function by the OC and a breach of the duty by the OC would constitute an offence under the Act, the agent is guilty of an offence under that provision instead of the OC – section 56
Am not sure where Lady Penelope got the 100 owners from, I am going off the NSW legislation?
In your case prideaux I would be asking the following questions:
– at each AGM is there a resolution to determine the number of members of the strata committee and elect the strata committee?
– is there a subsequent resolution for the strata committee to elect office holders? (this would be at a Strata Committee meeting)
– does the agreement with the strata manager provide that the strata manager can exercise the functions of the strata committee/office holders?
– re the strata manager agreement, what is the term of that agreement, when was it last renewed, have there been resolutions to renew it at annual general meetings?
– did the strata manager provide the OC with a revised agreement subsequent to the introduction of the new Act?