Strata Committee - FLAT CHAT

Re: Strata Committee

Sir Humphrey · 2016-11-29T09:15:20+11:00

Is the strata manager also an owner? If not, I would be surprised if the manager could be chair and secretary. I have not paid attention to the details of the changes to the NSW legislation. However, even when all the EC functions are delegated to a manager, you still have to have an EC with chair, secretary and so on, and they still have the responsibility to see that their functions are being performed, even if that only means observing that the manager is doing the delegated functions.

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29/11/2016 at 6:47 am #10766
easty
Flatchatter
Our Chairman and Secretary currently is our Strata Manager. He is not an I owner.

Can he continue in these positions after the 30th November?
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29/11/2016 at 9:15 am #25878
Sir Humphrey
Strataguru
Is the strata manager also an owner? If not, I would be surprised if the manager could be chair and secretary. I have not paid attention to the details of the changes to the NSW legislation. However, even when all the EC functions are delegated to a manager, you still have to have an EC with chair, secretary and so on, and they still have the responsibility to see that their functions are being performed, even if that only means observing that the manager is doing the delegated functions.
29/11/2016 at 9:28 am #25880
easty
Flatchatter
Chat-starter
@PeterC said:
Is the strata manager also an owner? If not, I would be surprised if the manager could be chair and secretary. I have not paid attention to the details of the changes to the NSW legislation. However, even when all the EC functions are delegated to a manager, you still have to have an EC with chair, secretary and so on, and they still have the responsibility to see that their functions are being performed, even if that only means observing that the manager is doing the delegated functions.

After last AGM at the susequent meeting of the new EC no member of the new committee was willing to take on the responsibility of chair or secretary so by default these positions were handed over to our strata manager. Our strata manager is not an owner. Far from an ideal situation but that is the way it is.

In reading the new legislation it is not clear to me if he can continue to hold these positions after 30 July unless the term “building manager” includes strata managers.
29/11/2016 at 10:23 am #25881
Jimmy-T
Keymaster
It is OK for the owners to delegate the roles of chairman and secretary to the strata manager (for which he and she will be paid) and under the new laws building managers and letting agents can’t be on the committee unless they are also owners.

However, I have to confess to having made an error in my “21 changes …” article. Strata managers CAN be elected to committees, it’s building managers and rental agents who can’t unless they are owners. Apologies all round.

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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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.