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  • #71580
    Draco24
    Flatchatter

      Following our AGM the strata committee members were elected. At the meeting following the roles of chairperson and secretary were not filled as no elected member nominated.

      Is there a procedure or any legislation under the act to remedy this situation. At the moment the committee is not functioning and cannot continue. Help would be appreciated.

      • This topic was modified 3 months, 1 week ago by .
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    • #71589
      Sir Humphrey
      Strataguru

        I’d say the functions of those offices fall to the whole committee to be responsible to see that they are carried out.

        #71639
        kaindub
        Flatchatter

          Usually under a strata management agreement, the functions of the chair, secretary and treasurer are delegated to the strata manager.
          That takes care of the day to day running, but the strata manager is not delegated decision making powers by the act.

          So either the committee gets its act together and holds meetings and makes decisions, or the strata manager conducts an endless serious of general meetings to get decisions made.

          If none of thst works, someone can petition the tribunal to appoint a compulsory manager.

          #71643
          Jimmy-T
          Keymaster

            Usually under a strata management agreement, the functions of the chair, secretary and treasurer are delegated to the strata manager.

            That assumes there is a strata manager – in many smaller schemes there isn’t.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            #71702
            Jimmy-T
            Keymaster

              You might also find section 48 of the Act interesting:

               

              48   Tribunal may order meeting if no officers or strata committee

              (1)  The Tribunal may, on application by an owner, mortgagee or covenant chargee of a lot in a strata scheme, make an order appointing a person to convene and hold a meeting of the owners corporation if there is not a chairperson, secretary and treasurer of the owners corporation, or if no strata committee exists, after the first annual general meeting of the owners corporation has been held.

              (2)  The Tribunal may make any other ancillary orders it thinks fit, including the following orders—

              (a)  orders relating to giving notice of the meeting,

              (b)  orders relating to the person who is to preside at the meeting.

              (3)  The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.

              (4)  The meeting is to be convened and held within the time (if any) specified in the order.

              (5)  A person appointed by an order under this section to preside at a meeting is taken, while so presiding, to be the chairperson of the owners corporation.

              The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
              #71705
              chesswood
              Flatchatter

                Kaindub wrote:

                Usually under a strata management agreement, the functions of the chair, secretary and treasurer are delegated to the strata manager.

                That’s an interesting remark. I’m not sure that the chair has any functions that can be delegated. The second schedule to the SSMA says that if present, the chair presides over  general meetings. There’s nothing to delegate!

                What else does the chair do? We’ll have to wait for the clarification promised in the next tranche of legislative improvements.

                #71724
                Jimmy-T
                Keymaster

                  That’s an interesting remark. I’m not sure that the chair has any functions that can be delegated. The second schedule to the SSMA says that if present, the chair presides over  general meetings. There’s nothing to delegate!

                  Speaking as someone who has very recently had to gently wrestle the chairmanship of a strata committee and OC from a strata manager who was used to using the delegation to run the various blocks they managed, all I can say is, there’s the law, and there’s common practice and then there’s real life.

                  The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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