Dispute over appointment of Strata Manager

Hello all,

We have had many issues with our Strata manager who was appointed 2 years ago and the EC who were elected in.  This involves “repairs” and “OH&S issues” that needed work to be done around the areas of their units.  Items done include fixing up the gardens, driveway repairs, removal of trees and upkeep of carports.  This was work was always quickly approved for the EC members and for other owners, necessary works could take up to 2 months.

Anyway, we have finally been able to remove the old EC and now moving to remove the Strata Manager, but looking through the old minutes and documentation, I have noticed something very strange (and possibly illegal).

The vote that was to made to appoint the new SM was done by the owners in writing.  This is noted in minutes of an EGM, under the direction of the incoming SM.  The minutes noted this as being in accordance with SSMA 1996, Schedule 2, 10(3).  

Now – please correct me if I am wrong, but – 

• New strata manager can only be appointed at an EGM/AGM
• EGM/AGM must have people (or valid proxies) present
• Cannot be done in writing