› Flat Chat Strata Forum › Proxies – blind faith or good sense? › Proxy Disributed with Answers included! › Current Page
renjay58 – back in post #3 I amongst other things said…..
… a vote by simple majority of those present at the Meeting both personally and by proxy to terminate the services of the current Strata Manager (SM) would be legal, provided that’s also in accordance with the procedures given in their Agency Agreement with your Owners Corporation, where a minimum period of 3 months written notice to the SM generally applies.
So did your Owners Corporation provide its current Strata Manager (SM) with the prescribed notice of its intention to terminate the Agency Agreement (usually a minimum 3 months before its expiry date)?
On the basis of what you’ve posted so far, I think not, so unless the current SM has agreed to other terms with regard to termination, if the intention of the EGM is still as you originally stated to dismiss the current SM and to appoint a new one, then that cannot happen without placing your Owners Corporation both in Breach of Contract, and as I again stated earlier, in a position where a smooth hand-over of records and management continuity from one SM to another will not occur, and worse where your O/C may find itself for some period with no Strata Manager at all.
So perhaps that’s one of the things that you should be focusing your questions on, as well as raising the possibility of Orders being sought to invalidate the Resolution/s.