#24227
Jimmy-T
Keymaster

    @Winston said:
    As the next AGM is now due, can you advise if currently, does the Strata have a Secretary Treasurer & Chairperson up to and including the AGM or just a Delegate in the form of the Strata Manager & what action (if any would you suggest). There is currently an EC Meeting  motion to elect those office holders.

    This is a fairly confusing question.  What do you mean by “the Strata”?  If you mean the strata scheme or owners corporation, then did you mean to ask if the committee must have office-bearers?

    The simple answer is that the law says that an EC, in the first meeting after its elected – i.e. the first meeting after each AGM – it must appoint someone to those roles (it could be one person doing all of them).

    If the EC fails to do so, an owner can apply to NCAT (under Section 19 of the Act) to order the EC to hold a meeting to appoint someone into those roles.

    Normally, an EC where no one wants to fulfill any or all of those roles will delegate them to their strata manager.  However, if an office-bearer is subsequently elected, they can resume those responsibilities from the SM. 

    I formed the opinion the Strata Manager is not up to the job, and the EC as it is has little idea also, and really should not continue.  Any suggestions?

    This is a different question entirely and the first thing you need to do is establish the terms of the strata manager’s contract.  If they haven’t breached the contract, your opinion isn’t going to make much difference.  However, if the contract is up for renewal in the near future, you can start trying to persuade your fellow owners that it is time for a change.

    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.