Our strata manager has not called a strata meeting for the last 15 months. Are there any valid reasons for a late AGM?
Our strata manager has not called a strata meeting for the last 15 months. Are there any valid reasons for a late AGM? How about works being undertaken on common property, such as pool renovation and painting, or one council member being away? What action can we take to get things back on track?
There are no valid reasons that allow a strata scheme to not abide by this legislation, and only a court/tribunal can order otherwise.
Section 127 of Strata Titles Act notes:
Annual general meetings of strata company
- A strata company must hold an annual general meeting once in each 12 month period and not more than 15 months after its previous annual general meeting.
The Act does not make any exemptions to this, i.e. there are no valid reasons that allow a strata scheme to not abide by this legislation, and only a court/tribunal can order otherwise.
The Act states the strata company (not the strata manager), which means the secretary of the strata council would look to call an AGM to ensure the strata company is complying. The strata manager may be in breach of the strata management agreement in place between your scheme and them. The council of owners should review the strata management agreement and check the requirements of the contract and the actions the strata company needs to take if the strata manager has defaulted on them.
There will be a section in your strata management agreement advising your course of action if your strata manager is in default of their requirements in the agreement. This is generally the default section of your contract.
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