Can a non-lot-owning volunteer strata manager be removed for bullying and abusive behaviour?

Under the Strata Titles Act 1985, Part 1, Section 3 (Defined Terms), the following applies:

• A volunteer strata manager is defined as: 
  • A strata manager of a strata company who is the owner of a lot in the strata titles scheme; and
  • A person who does not receive any fee, reward, or benefit for work performed as a strata manager, except for an honorary fee or reward not exceeding the amount fixed by the regulations; and
  • A person who personally performs the work of the strata manager.

Based on this definition, a volunteer strata manager must be an owner of a lot in the scheme. If your VSM is not a lot owner, they are not authorised under the Act to serve in this capacity.

Recommended Actions:

1. Formal notice: 
   • A formal notice should be issued to the volunteer strata manager advising them to step down immediately as they do not meet the eligibility requirements under the Act.

2. Interim measures: 

   If there is a validly elected council of owners (COO) in place, the COO may convene a meeting to:

   • Appoint an interim or permanent volunteer strata manager who is a lot owner; and/or
   • Seek quotes for professional strata management services if agreed upon by the council.

3. Extraordinary General Meeting (EGM): 

   Following these actions, the COO may call an EGM of all owners to:

   • Resolve to adjust the strata scheme budget to include an expense for professional strata management, if necessary.
   • Resolve to authorise the COO to sign contracts on behalf of the strata company.
   • Discuss and vote on proceeding with a professional strata management service if this is the preferred approach.

These steps will ensure compliance with the Act and help address concerns about the current management while fostering a better environment for all residents.