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Our strata manager called an EGM without first consulting any owner, yet alone executive (strata) committee. The first we knew was the arrival of an agenda. The EC deemed the meeting unnecessary and cancelled it. No quorum would have been reached either due to the date and time. Then I look at the financial statement and they still charged us for the meeting!!
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As a first option, I would try to resolve this with a phone call.
If that didn’t work, I would be sending them a letter asking them to:
a) explain why they called the EGM in the first place
b) why they did not consult with the committee beforehand
c) why they thought it appropriate to charge for a meeting that was not required and not held.
It may be that they technically have the authority to do any or all of these things but that doesn’t mean they should, just because they can
If your committee agrees, I would also say that the committee considers this a serious breach of trust and reserves the right to take this matter further if a satisfactory resolution is not reached.
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.
Going by their track record I wouldn’t be renewing their contract at all, they sound hopeless.
Re the EGM they just tried to call to renew their agreement – if it is the case that they were calling the meeting because of their failure to include that in the AGM agenda, they should have borne any costs, because it was their failure. The OC shouldn’t have to pay for their mistakes, should they?
It’s all very well to stick with what you know, but why do the owners want to pay for service that is incompetent and costing them money? I suggest you get a list together of three candidates for a replacement manager and then present that list to the other owners.
Compile a list of how your SM has wasted or mismanaged OC money or business. Unless you already know the SM company’s lawyers or can find it by other means, make an appointment to look through your OC’s documents held in the SM’s office, as is the right of all owners (they may ask a fee for accommodating your search and that is their right, but unlikely . . . although with your SM’s past form . . ? ). Somewhere in that pile of documents may be the name of one of their lawyers. Without divulging either your own or Strata Property’s details or SM’s name, phone that lawyer. Ask for an estimate to prepare a submission to NCAT against your SM and mention you are looking for a law firm that will take no prisoners. If you are given any encouragement that you have a case, tell the lawyer you want to shop around and may call them back. Let the name of your SM drop by accident before you hang up. If you have a valid case, you may now just sit back and wait for the SM’s resignation. 😉
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