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There's a lot going on within our strata, mainly the strata manager is ignoring the residential owners but bias on the commercial lot owner who referred them from the beginning.
Me, being the chairman requested the strata manager to add a motion of removing the unapproved shed built by the commercial owner in the common area to the Agenda of our next EGM, however last week when I received the Notice of EGM, the motion was not there. I then sent an email to the strata manager including all owners and ECs, total people ask for the reason. She reply that I have to raise the issue to the Secretary first.
Is it how the process supposed to be? I am one of the main ECs.
If I do have to report to the Secretary, why she didn't tell me when I raise the issue to her at the first place before the Notice of EGM was sent to us.
Please help!
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It is the secretary who should compile the agenda.
In many cases the strata manager acts as secretary and this can be done under delegated authority from the owners corporation.
You need to find out if the OC has given the strata manager delegated authority to act as office holders on its behalf.
This is probably in the contract between the OC and the strata manager.
However even if the strata manager has the delegated authority to act as secretary, the elected secretary of the EC can at any time over ride the strata manager.
It depends who is compiling the agenda. If the secretary is doing it then you have to contact the secretary, but if the SM is doing it, then you need to give it to him/her.
Also bear in mind that there are time limits. You need to find out the deadline for submitting motions.
It sounds as if there is a break down in communications here. Perhaps who is doing what needs to be sorted out.
Good Luck!
It sounds like you are getting the run around by your strata manager (SM).
Sure the Act says:
36 Requisition for motion to be included on agenda for general meeting
(1) Any person entitled to vote at a general meeting of an owners corporation on a motion that does not require a unanimous resolution may, by notice in writing served on the secretary of the executive committee, require inclusion in the agenda of the next general meeting of the owners corporation of a motion set out in the notice and the secretary must comply with the notice.
But your SM is getting very picky if requiring this because if the SM is preparing and distributing the agenda then the SM is doing the role of the secretary, permission for this would be in the agreement, and serving the notice of your motion on the SM is serving it on “the secretary” if the SM is engaged to be the secretary. It is a function of the Secretary to give EGM notices, so if the SM is acting as the Secretary and giving the notices then giving the motion to the SM should be adequate. I think you are getting mucked around.
It sounds like there has been an addition to the common property without OC approval. The EC could send the person responsible a letter requesting the shed be removed or the EC will commence action through mediation and then through the CTTT if necessary. Is there a motion to approve the shed on the agenda?
Do not forget the EC does not need the SMs permission to take action and that the SM is subordinate to the EC. If you have the support of the EC then the EC can take action if it decides it wants to.
I don't know how things are in NSW. In the ACT the EC has to approve the proxy and absentee voting forms for a general meeting. The motion would have been on the forms at least as a numbered motion if the EC had met to decide the agenda to be mailed out with the proxy form to all owners. The manager could not then take the motion off. On the other hand, if this is just a motion requiring an ordinary resolution to have the general meeting endorse the EC's decision to remove the shed from common property or require its removal, that motion could be put from the floor of the general meeting (at least in the ACT, I think).
Billen Ben said:
Do not forget the EC does not need the SMs permission to take action and that the SM is subordinate to the EC. If you have the support of the EC then the EC can take action if it decides it wants to.
The problem here seems to be that the EC wants to take action and the Strata Manager is blocking them and they don't know where to turn because the one person who is charged with helping them is doing the opposite.
If this strata Manager is a member of the Strata Community Australia, I would be writing to them asking what they are going to do about this.
I would also be taking action through Fair Trading to have this guy removed (although I'm not sure by what law that is possible).
What they are doing is quite clearly for the benefit of the person who brought them on board to the detriment of the people who pay their wages. In any other area of business life, that is called corruption but because it's strata it's seen as a 'victimless crime'. It's time someone in authority stepped in an shut this down.
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.
JimmyT said:
Billen Ben said:
Do not forget the EC does not need the SMs permission to take action and that the SM is subordinate to the EC. If you have the support of the EC then the EC can take action if it decides it wants to.
The problem here seems to be that the EC wants to take action and the Strata Manager is blocking them and they don't know where to turn because the one person who is charged with helping them is doing the opposite.
I would begin by saying this SP should not have an EC if the EC does not know how to call a meeting and pass a motion. This could well be the problem that exists in many SPs who have an agent and the agent is a little dodgie; i.e. ECs not knowing what to do. This is why ECs across NSW need some form of training.
Under these circumstances the EC need to take the time to up-skill and learn what they can do without the need to deal with the strata manager and his obstructive, blocking ways.
It is not hard to set an agenda and call a meeting without the SM being involved, to then pass a resolution to request the removal of the unauthorized structure and to pursue the matter through mediation and CTTT if the owner of the shed does not capitulate. It will take time to understand what the process is but it is a worthwhile activity if an SP has a dubious SM.
The EC should also take JTs advice and get rid of this guy.
Go to your library and borrow NSW Strata and Community Schemes Management and the Law. After reading that book you will most likely know more than your SM. You will definitely know how to hold a meeting and pass the resolution to take action over the shed, you will most definitely learn how to get rid of your manager.
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