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Some advice please. We have our AGM coming up soon. And we are all well and truely over our current SM. With the quite high turnover of staff at this SM the only consistency is their incompetence. It's the same problems with a different name at the bottom each time. Who know what face will be their at the AGM.
The lastest kerfuffle has happened when we discovered that a bi annual inspection that they were organising for us hadn't happened. They had decided that they did not like the company they had employed to carry out these inspections, sacked them then did not find a replacment. But they also did not tell us that these inspections were not taking place – until something happened due to no inspection being carried out.
So when the AGM comes up, what steps should be take. We have already been sent the agenda. Do we let the current SM know we will be looking around? Do we sign a new management agreement then give them notice? Or can we negotiate a shorter period for the agreement? Would telling the current SM that we are unhappy and produce the every growing list of stuff ups to them and all the oblivious owners?
Or should we just go to the AGM say/do nothing and then go about organising GM/EGM's, advising owners and getting their feedback and finding new management.
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Well, the agenda's done, Strugs, and it sounds like there's a new management agreement to vote on and sign. Mobilize some fellow owners ahead of time. Vote no. Don't sign it. Tell the strata manager you're not happy and exactly why; put them 'on notice' as the saying goes. Then go ahead and look around for something better on the quiet, while you see how the incumbent reacts.
If you decide to change, of course you'll have to put the issue before a properly convened Extraordinary General Meeting, probably organised yourselves without involvement of the incumbent, or maybe even with the help of your potentially new strata manager (for free). What a lovely thought.
G'day “strugs” — most Strata Managers (SM) uses the standard form of Strata Community Australia Agreement (formally the ISTM), where even if the Term of that Agreement has / is about to expire as of the date of your Plan's AGM, it automatically renews unless your O/C has given them either:
- prior written notice of a Breach of the Agreement that they haven't rectified, or ..
- a minimum three (3) months written notice of your decision to Terminate on the expiry date.
As the Agenda for your AGM has already been issued with that standard item about the appointment of a SM, why not slightly amend that at the Meeting to the extent of including a vote to give the SM the prescribed Notice of Termination to take effect a min. 3 months later, during which time you can look around, get some proposals, select a new SM, and put that to an EGM?
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