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Hi All,
Our Strata Committee missed an AGM 2 years ago. When I asked The Strata Mgr why? She responded with ” we decided not to have one ” and also stated that the levies were not changing. Now, according to Section 18 of SSMA 2015 it says an AGM must be held. My partner and I have recently sought some advice from another Strata mgr about this and he said there is a special clause that states if the EC decide not to have one then the Strata Mgr cannot be held in contravention of section 18. I cannot find this so called clause. We noticed the missing AGM because I was trying to get on the EC that year so I could further investigate some questionable decisions made by Strata. Can any one please clarify?
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Hi Bunyip, yes you MUST have an AGM every year, this was also the requirement under the old Act (SSMA 1996). Your Strata Manager should know this, you cannot skip AGM’s regardless of whether levies are the same every year or not. The AGM isn’t held just to set levies, there are many other important mandatory motions that need to be on the agenda, as well as electing a new SC.
I am not aware of any clause that allows a Strata Manager to not call an AGM.
57 Breaches by strata managing agent(1) If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force.
If your Strata Manager has the delegated functions of the SC, they must exercise the delegations unless it would be unlawful etc. I would be looking for another Strata Manager and lodging a complaint with Fair Trading as your Managing Agent may have breached the law.
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