› Flat Chat Strata Forum › Strata Committees › Strata Manager and ‘informal’ meetings › Current Page
Winston, your quote from the Act contains the answer to your question – the need to have by-law breaches dealt with by the committee is negated if they have delegated powers to the strata manager.
(3) A notice must not be given unless a resolution approving the issue of the notice … has first been passed by the owners corporation at a general meeting or by the strata committee of the owners corporation.
(4) Subsection (3) does not apply to the giving of a notice by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.
Sir Humphrey is right, many strata committees leave the day-to-day decision-making to their strata manager. They should not, however, be making decisions that should only be made at a general meeting.
If you have a beef with this, ask to see where it was agreed that the strata manager should have delegated powers.
On the other hand, an informal meeting is not a meeting – it is a chat. But that chat could result in action that only requires the agreement of the strata manager so there is nothing terribly sinister about that. If you want proper SC meetings to discuss issues then there are mechanisms for calling them.
I have to say that if you approach this by citing flawed quasi-legal arguments (which you have not interpreted correctly yourself) expect to be shot down in flames and all your valid complaints dismissed as the rants of a ‘bush lawyer’.
And just a word on housekeeping on this forum – a headline for a topic should be a short, succinct summary of the topic. Yours, before I edited it, was a long sentence from which even I struggled to deduce a clear meaning.
I also think that may be indicative of a potential flaw in your approach to your committees. Establish what it it is that you want them to do in simple terms that they can understand.
A torrent of words and selective (and possibly incorrect) interpretations of the Act will just give them too many opportunities to pick holes in your argument and dismiss your point of view, regardless of whether or not it is valid..