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At last years AGM a date was set for this years AGM. With the date approaching we requested the agenda from the Strata Manager, she responded saying that it would have to be delayed as all the paper work would not be available. No big problem we responded and asked for the new date, we have sent 3 emails and none have been responded to.
Other than this the Strata Manager appears to be operating normally issuing work orders and sending through invoices for approval, she just will not address this issue.
What are our options? Don’t suggest ringing because as we have found previously she rarely returns phone calls and insists on everything being by email.
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The Strata Management Agency Agreement that your Owners Corporation (O/C) has with the Strata Manager will almost certainly delegate to them the duties of the Secretary, whose role it is to convene Annual General Meetings (AGM).
Sorry for quoting the relevant legal positions, but they lead to your options:
1) That no matter that delegation, under the provisions of the NSW Strata Schemes Management Act (SCMA) the O/C always remains the “principal manager”, and the Secretary remains in that role; and….
2) Under the provisions of Schedule 2 Cl. 31(a) of the SCMA, AGMs must be held on a date not earlier than one month before and not later than one month after each anniversary of your Plan’s first (ever) AGM.
So whilst it’s reasonable for your Strata Manager to delay calling for Motions, preparing the Agenda, and convening the AGM while she gets the financial and other paperwork in order, as you’ll see the above provisions of the SCMA place limitations around the extent of that delay unless the Strata Manager has obtained an Order from the NSW Civil and Administrative Tribunal to vary the date – and I somehow doubt that’s occurred.
I think you’ll find that it’s simply a matter of conflicting priorities for your Strata Manager, who may well have AGMs to convene for other Plans, so a short note (e-mail) to her from your Executive Committee Secretary to reinforce the requirements of the SCMA with regard to the timeframe for convening the next AGM, and a suggestion that the Secretary will set the date if it’s likely that those requirements won’t be complied with should get the ball rolling.
Remember though, if the Secretary steps-in and convenes the AGM they’ll also have to prepare the Agenda and take / distribute the Minutes; not such a chore though if other Owners in attendance at the Meeting can assist.
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