#17344
scotlandx
Strataguru

    The thing is, I don’t think the strata manager has the delegated power, so I agree with your strata manager.  Your delegation refers to “work associated with” and “issuing notices”, it doesn’t refer to the strata manager exercising the function/power of the EC, i.e. the EC making a decision/resolving to issue a notice to comply.  Note 1 of the proforma refers to the EC holding a meeting and deciding to issue the notice and recording that decision in the minutes

    If the strata manager had that power/function you would expect the delegation to be expressed as something along the lines of:

    “Exercising the function of the EC to determine to issue a notice to comply with a by-law”.

    Determining to issue the notice and issuing the notice are two separate things – I think your strata manager has the delegated function in relation to issuing the notice subsequent to a decision of the EC to do that, that is the “work associated”.

    An EC can determine to issue a notice to comply by email, we have had legal advice that that is fine but you would only do that if it were urgent, as you are missing the notice step.

    One query – if a strata manager is exercising the function of the EC either in relation to specific functions or more generally, surely the notice provisions still apply?  In the case of compulsory strata managing agents notice is still required to be given.