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So no AGM has been held in over 4 years, the newly appointed (5 months) strata managers try to raise levies illegally without holding an AGM, and try to hold the owners to ransom, but finally realise they cannot do so.
So what do they do, they cancel three years on illegal levies they are trying to collect, and without holding an AGM or any meeting, issue a special levy notice.
Can a strata manager raise a special levy without a vote from owners? If they can’t raise normal levies without a meeting how could they possibly raise a special levy?
Help urgently needed
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Who appointed the strata manager if you have not had a general meeting to do that or an AGM that appointed an executive committee?
Body corp created ? You have executive group assuming, acting on the owners behalf ? A strata manger agent is only regarded as an employee to a scheme. The owners must take the action to make them agent comply with the owners request. What have the owners done in arranging a meeting to discuss this matter and decide to find course to replace them. They can’t do much on there own. I suggest you guys find another strata agent and if you wanted to follow up with the conduct with dft.
Within the 4 year period what have the owners done, far as agms ?
The agent can’t arrange special levy without the consent of the major stake holders of the scheme. Remember the agent works for you not the other way round.
@Digby said:
The agent can’t arrange special levy without the consent of the major stake holders of the scheme. Remember the agent works for you not the other way round.
Major stake holders? A special levy has to be approved by a majority of owners voting in person or by proxy at a properly constituted general meeting.
If nobody in the scheme has the desire or the gumption to organise an AGM then someone should apply to NCAT for the statutory appointment of a strata manager.
Otherwise, strata managers can only be appointed at a general meeting. This strata scheme is a mess and a group of owners needs to get together and acquaint themselves with strata law and the way things work. Click here to download the Fair Trading handbook.
Also, as Digby suggests, get a competent strata professional to help you sort things out.
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.
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