› Flat Chat Strata Forum › Strata Committees › The Strata Manager may have inappropriately reappointed himself. › Current Page
As I routinely mention as a caveat, I am in the ACT so less familiar with other states’ legislation. However, if it is like the ACT, the committee does not have the authority to appoint the managing agent. That is a job for the OC at a general meeting.
Also, if any committee member wants to call a meeting they have to give every other member 7 days notice unless all agree to less. So, here at least, the meeting notice would have been invalid and also the decision made was invalid.
Management agreements generally have a run on clause which would allow management to continue after the last year of the agreement at that last year’s fee amount until the OC had a general meeting. So, I don’t think there is any argument that it was urgent and necessary to reappoint.
I would say you could threaten to go to the Tribunal for an order that the management is continuing on a month to month basis on the old agreement until and general meeting can be called at which the new EC could present the OC with one or more options to choose from to appoint a manager.
If the manager accepts that this is the situation, then you don’t need to go to the Tribunal. If they don’t accept the situation, then you carry out the threat.
Obviously, you need to check what applies from the Act re managing agent appointment where you are, but it seems the invalid meeting notice and lack of quorum would be enough.