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Short summery we are at NCAT seeking compulsory management and have filed our final submissions.
25% of the UE sought an EGM and one of the motions was to hold the schemes AGM, this was passed and the Strats Manager has prepared the notice of meeting. The other motion was to sack the lawyers representing the OC and that also passed. The Owners Committee is down from 9 to we think 3 as 3 members resigned and joined the NCAT action and 3 others have sold or are selling their units.
In the notice of AGM the incumbent strata manager has put the following motion into the notice of meeting, I suspect as the contract expires mid way through 2024, but is this the normal way it is worded, I’m concerned about the bit in bold. I’ve removed the name of the strata manager to avoid any potential issues in that regard.
“The Owners – Strata Plan No. 90401 RESOLVED by ordinary resolution to appoint XYZ (Agent) as strata managing agent on the terms and conditions set out in the proposed strata management agency agreement (Agreement), a copy attached to the notice for this meeting, to be tabled at the meeting or available by contacting the Owners Corporation’s strata committee (Strata Committee) or the office of XYZ and that the following be delegated to the Agent:
a) All of the functions of the Owners Corporation (other than its power to make a delegation, to make a decision on a matter that is required to be decided by the Owners Corporation or to make a determination relating to the
levying or payment of contributions); and the functions of chairperson, secretary and treasurer necessary to enable the Agent to carry out the ‘Primary Services/Agreed Services’ and the ‘Further Services/Additional Services’ as defined in the Agreement;
b) With effect from the date determined for that purpose by the Strata Committee, provided that:
a. The delegation to the Agent is subject to the conditions and limitations listed in the Agreement.
b. The Owners Corporation is to execute the Agreement to give effect to this appointment and delegation;
c. Authority is given to two members of the Strata Committee to affix the common seal of the Owners
Corporation to the Agreement.
[Explanatory Note: Authority is given to affix the common seal of the owner’s cooperation to the agreement in accordance with section 273 of the Strata Schemes Management Act 2015 (NSW).]”
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