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Hi
I'm in a strata of 4 townhouses and forwarded my renovation proposal to the strata managing agent and owners corporation for comment last December.
A motion was raised for the next AGM 3 months later for discussion. Owners corporation approved the renovations in the AGM, and agreed a letter of consent will be issued by the owners corporation so I can proceed with my council approval.
However 3 weeks later Strata Managing Agent requests I issue a Draft By-law for improvements to common property whereby an Extraordinary General Meeting should be held to have the By Law approved by special resolution.
The EGM will not be held until the end of May due to the availability of strata agent? Is there any way of speeding up this process by way of proxy?
Also since Strata Agent is making it difficult, can I attend the next EGM and request a motion of changing the strata agent?
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Is there a legal requirement for the strata manager to be there?
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.
There is no specified time period within which a EGM must be held.
However, it may be implied that an EGM should be convened to consider a motion within two months after the secretary or strata managing agent has been served with a valid motion. Section 138 (2) (b) of the Strata Schemes Management Act 1996 deems that an owners corporation has failed to exercise its function at the end of the two month period if the motion has not been considered by a duly convened meeting.
With regards to whether a strata manager has to be present at a meeting, this will depend on what functions the strata managing agent has been delegated by the owners corporation.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.au
Great information here, thanks for sharing this valuable information!
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