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Ziggy – Section 13(f) of the Strata Schemes Management Act 2015 provides that the Strata Manager can be delegated functions including of ‘conduct of meetings of the Owners Corporation’.
Strata Management Agency Agreements often include a clause providing the Strata Manager with the delegation on behalf of the Owners Corporation to act as Chairperson of meetings. When the Agreement is approved by the OC then there is an agreement by the OC to this clause.
Effective management of the Meeting and the making of sound decisions on behalf of the OC should be the ultimate goal of any Committee.
It could be argued that a Strata Manager is more likely to be clinical, and more knowledgeable about the Act, when performing the role of Chairperson. The SM is also probably less likely than the Chairperson to be impacted by the ‘politics’ of the scheme.
The best option is always to have the Chairperson chair the Meeting as this is included as being one of the functions of the Chairperson under Section 42 of the Strata Schemes Management Act 2015 but if the Chairperson is ineffective then the SM may be able to fulfill the role of Chair of a meeting if they have been delegated to do so.
To assist the OC the SM can be delegated any or all of the functions of the EC. This delegation can occur either by the OC, or by a Tribunal decision. See Sections 11, 12, and 13 of SSMA 2015.