#25909
Lady Penelope
Strataguru

    Momo – Without seeing the Strata Manager Agent Contract for your scheme I cannot make a proper assessment but ……

    I have had another look at your issue and am wondering if the Strata Manager’s Contract was to set to expire at your AGM in October 2016 or whether the Contract was  still on foot? Some Strata Manager Agent contracts are entered into for a fixed period of 3 years. Was yours?

    If the Strata Manager Contract was still on foot at the 2016 AGM and was not expiring then the document you may have been asked to sign may have been a mere acknowledgement that you were the new Chairperson of the OC. 

    If the Contract was still on foot then there would have been no need to include an Agenda item about this issue in a General Meeting until the Contract was about to expire.

    This issue all depends upon the terms of the Contract, including when it was entered into, its duration, and its expiry date. Please obtain a copy and read it carefully. You have a right to obtain a copy of this Contract.

    Also read previous AGM Minutes which will also inform you about the date at which the Strata Manager Agent Contract commenced. This would show up as a resolution in the Minutes of the AGM.

    The relevant legislation is: The Property, Stock and Business Agents Act (2002) Schedule 14: Clause 3: Renewal of agreement for fixed term.

    and

    Strata Scheme Management Act (2015) Section 50: Term of appointment of strata manager agents.

    That being said….it could also be a scenario where dodgy deals went on, the possibility of which was alluded to in Jimmy T’s, Scotlandx, and Peter C’s comments above.