Appointing a new Strata Manager

Simone · 2011-01-11T13:38:32+11:00

Convening a meeting to revoke the agreement is often the most difficult step where the owners corporation fails to secure the agent’s cooperation. In this case the owners corporation can hold an executive committee meeting and pass a motion to convene a EGM with the agenda to consist of a motion to revoke the appointment of the strata manager. A general meeting ordinary resolution is required by the Act when appointing a strata managing agent or revoke a strata managing agent's appointment If this resolution is passed, the secretary should send a letter to the agent informing him or her of the decision. If the agent fails to convene the meeting an interim order may be sort from an Adjudicator under s138 or 170 requiring the agent to convene the meeting. If the order is not granted, an owners corporation can obtain their records and property from the agent under 105 of the SSMA and then convene a EGM to pass resolutions revoking appointment. Kind regards Simone Balsara simone@teyslawyers.com.au https://www.teyslawyers.com.au

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06/01/2011 at 1:38 pm #7184
Anonymous
Under the Act, Section 26 Division 1, Appointment of strata manageing agent, Section 27 (1), it states “A strata managing agent is to be appointed……..authorised by a resolution at a general meeting of the owners corporation”.

Our AGM is coming up with an item on the Agenda, drawn up by the Strata Manager, recommending the renewal of his contract for a further 12 months. This is despite a letter from the EC members advising him that they will be calling for additional applications for the position when his contract is due for renewal and that he could apply if he wishes.

Two questions please:

1. The letter advising of the desire for additional applications was dated 26th November. Would this constitute formal advice that his contract will not necessaraily be renewed and therefore the 90 day period under the contract would start from that date?

2. An amended motion will be put to the AGM to formalise the process in line with the EC's November letter and seek resolution that the EC be authorised to undertake the employment process to secure and appoint a new Manager within a specified budget limit for the coming year. This aims to avoid calling another general meeting. Is what we are asking allowed under the Act?

Many thanks
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11/01/2011 at 1:38 pm #12343
Simone
Convening a meeting to revoke the agreement is often the most difficult step where the owners corporation fails to secure the agent’s cooperation. In this case the owners corporation can hold an executive committee meeting and pass a motion to convene a EGM with the agenda to consist of a motion to revoke the appointment of the strata manager.

A general meeting ordinary resolution is required by the Act when appointing a strata managing agent or revoke a strata managing agent's appointment

If this resolution is passed, the secretary should send a letter to the agent informing him or her of the decision. If the agent fails to convene the meeting an interim order may be sort from an Adjudicator under s138 or 170 requiring the agent to convene the meeting.

If the order is not granted, an owners corporation can obtain their records and property from the agent under 105 of the SSMA and then convene a EGM to pass resolutions revoking appointment.

Kind regards

Simone Balsara

simone@teyslawyers.com.au

https://www.teyslawyers.com.au
15/02/2011 at 10:49 am #12455
Anonymous
The act is very clear on cahnging managers – the notice is effect (the 90 days termiantion period if that is per the contract) starts from the passing of the resolution at the General Meeting.

Not from a letter or EC meeting resolution.

Hope this helps.
15/02/2011 at 12:34 pm #12459
Anonymous
Thank you all for your advice.

Things have progressed. The Strata Manager has submitted a letter of resignation, stating that from the date of that letter the three months notice is being given. I assume that is correct – it is in line with the contract and we have set an EGM for a couple of weeks time to appoint a new manager from the date of completion of the 3 months notice, which will be in about 6 weeks after the EGM.

What would happen if the SM wanted to withdraw earlier than the 3 months and we were in agreement? I assume that would constitute a mutally agreeable situation and therefore not require the three months notice but become operable at the date of and reliant on a resolution at the forthcoming EGM.

Do your interpretations agree with this?
03/03/2011 at 2:56 pm #12518
Anonymous
Hi Sharon

If they want to hand over the Books and Records before the end of the 3mths – they can however they could bill your scheme until the end of the period. Depends which agreement you have signed. They can also 'mutually' agree to handover and not charge you.

Shop arround for the Strata Management service that best suits your needs and get multiple prices – they are easy to get from most strata managers websites or sending a simple email – there are now 3 levels of service availalbe.

Good Luck

Murray Cameron.

Strata Real Estate Services

https://www.stratares.com

1300 997 905
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