@kiwipaul said:
@OverIt said:
Thank you will check the contract but I believe no that those duties are not delegated.That surprises me because who creates the admin fund budget / sinking fund budget the EC?? that you vote on at the AGM.
Does the EC formulate the agenda for the AGM and then send it to the SM for distribution, if so why bother having a SM when the EC is doing the SM job.
In most situations the SM creates the Agenda for the AGM covering all the basic requirements of the act and adds any motions that the owners or EC submit for inclusion.
The last scenario is pretty much what happens in buildings where there is an active EC, but that doesn’t mean the strata manager decides what’s in the budget or agenda. There are certain statutory requirements that the strata manager must either fulfill or insist that the EC does so. One of these requirements is the inclusion of any motion submitted by an owner prior to the agenda being distributed. In that respect alone, you can see that the strata manager does not set the agenda.
The strata manager also assists in the formulation of the budget – again with an eye on statutory requirements – but does not decide what the budget is or what the levies required will be.
The relationship between the strata manager, especially in larger buildings with active ECs, is not necessarily ‘either or’ and in fact is more likely to be the two working in conjunction to get what the EC wants and what the legislation requires.
But to reiterate what has been said earlier, the strata manager does or should do what the owners corp and EC want and not the other way round. And even in those fairly common situations where the Strata Manager has been given delegated powers, the Owners Corp or EC can over-ride their decisions.
So, the strata manager may help formulate, type, print and distribute the agenda and budget for the AGM but that is only with the tacit agreement of the EC’s secretary and treasurer, respectively.