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Winston said.…. It appears that the S/Manager is now not communicating with the EC (Secretary) and there is a concern that at the time of the meeting it will not have been provided.
I assume that “it” means the requested details on unpaid levy contributions and on the strata roll, in which case provided the request was made of the Strata Manager in accordance with Sect 37 of the NSW Strata Schemes Management Act there’s a maximum penalty of $5,500 for their non compliance.
That’s of lesser importance in my opinion than the Owners Corporation (O/C) making sure that it’s complied with the termination provisions of its current Agency Agreement with its Strata Manager, where the typical requirement in the absence of a mutual agreement between the parties is three (3) months written notice by the O/C prior to its current expiry date.
Another important factor is continuity, where in the circumstances you describe the current strata manager will likely, and contrary to best practice, not provide the Owners Corporation’s records to their replacement in a timely manner, in which case your preferred new Strata Manager must be made aware of that likelihood and encouraged to develop solutions to overcome it.
Regarding the propriety of the extraordinary general meeting (EGM), the secretary has properly exercised their duties provided they used the best available information on the strata roll to distribute the agenda papers for the EGM, and as a simple majority vote is all that’s required to terminate an Agency Agreement and to execute another, the fact that there may be a vote by some possibly un-financial owners is unlikely to be of consequence; albeit not ideal.
The best solution in addition to those that I’ve suggested would, on the assumption that the motion to terminate the existing and to appoint a new Strata Manager passes, be to to amend the motion at the meeting (that’s permitted) to the extent that the actual date of termination is say 60 days hence, thereby giving the incoming Strata Manager some time to arrange handover.