Question: To terminate our strata agent, we convene an EGM without notifying the current strata manager. The strata agent insists the EGM was illegal. How do we force the agent to accept the decision to terminate?
To terminate our strata agent, the committee authorised an EGM to be convened without notifying the current strata manager. We held the EGM on time, achieved a quorum and passed the resolution. However, the strata agent said the EGM was illegal. How do we force the agent to accept the EGM?
Answer: Ask the agent to confirm on what legal basis they allege the meeting is invalid.
As appointed secretary, you may convene a general meeting (not an AGM) at any time, as you have done. Your strata manager may have picked up on a technical deficiency (e.g., a notice period of 7 clear days + 7 business days postage may have been missed). If there are no statutory flaws in the notice or minutes, your meeting cannot be challenged by the strata managing agent.
You should ask the agent to confirm on what legal basis they allege the meeting is invalid and insist they hand over the books and records to the newly appointed agent. The new agent should facilitate the handover if their appointment has commenced.
This post appears in Strata News #717.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
I have a few complaints that I’ve filed with the manager of my strata complex in the last 3 months alone. There has been a lot of people parking across the driveway of our complex in the past year (on the road, completely blocking the driveway) and have complained many times but never has the manager of the strata complex I’m living in done anything about it, despite it being against not only strata bylaws, but also NSW road rules. Not only that, but there is a resident in our complex whom rides a motorbike in and out of the common grounds on a daily basis, causing a safety hazard for people coming in and out of the complex that I have also sent in complaints about and nothing is done. Another complaint I have filed is that yet another resident (unsure if he rents or owns) has fitted a security camera outside of his apartment door in the hallway – is this legal?
I have both photo and video of each of these that I have sent in, but still nothing is ever done. What can I do when none of my e-mails or phone calls are ever answered?
Hi Indra
What do your bylaws say about these behaviours? You may wish to attend our free upcoming webinar: NSW: Bylaw breaches – The step-by-step guide to enforcement
Our strata manager paid his company $450 from our funds he holds in trust, because he did not receive commission for renewing the building insurance. His argument is that this is less than the usual 20% commission.
I could not see any refernce to justify this action in our contract. Is this general practise?
Hi Petra
James Moir from Madison Marcus has responded to your comment within this article: NSW: Q&A Strata Manager Insurance Commissions
Since there are so many complaints about Strata managers, there needs to be some type of forum where people can air their views and then have an open discussion with participants. There is power in numbers.
Hi Allan
The following response has been provided by Leanne Habib, Premium Strata:
That seems to be a very pragmatic solution to the problem, but caution must be exercised before terminating a strata manager – it must be done strictly in accordance with the instrument of appointment and the Strata Schemes Management Act, 2015 (NSW) and the risk is you could be liable to pay out the current manager for the balance of their term. If your strata manager is removed properly, you could ask for a trial period from the incoming strata management company based on a performance assessment instead of getting locked in for a 3 year term.
Hi francine
The following response has been provided by Leanne Habib, Premium Strata:
We are sorry to hear about your unpleasant experience. In our experience, the Members at NCAT are bound to hear applications for orders made strictly in accordance with specific sections of the strata legislation and they do not have the power to deviate from that position.
Hi,
I have question here. In our body corp, the chairman ( who owns a strata company) has been bullying one owner by cutting through the owner’s ceiling, refusing repair, make noises intentionally ( day and night), threating the victim owner with solicitor letter and fake police call, and etc. Unfortunately, most of owners and strata manager either go with flow or support the chairman to bullying the victim owner. As result, the victim owner had to live a unliveable environment for over year, and still concerns this unit may not fit for lease out. The question is what help this victim owner can seek to protect the rights and make the unit liveable again? Many thanks!
Our Strata Committee reduced the number from 9 to 5.Many residents feel the committee is not representative. Some who wanted to become committee members were excluded.
Are there any regulations about the composition of a strata committee in NSW? Where to find information about this?
Question: The chairman of the Owners Committee has commenced a (almost) personal agenda against 2 of our lot owners. He will deliver his perceived issue regarding alleged breaches of the common property, while steadfastly ignoring/not concerned about similar breaches by other lot owners. These concerns of his are delivered in person and in a condescending manner but never in writing. His actions are now borderline harassment and bullying and have caused the “targets” much concern.
The chairman will then table his concerns at a meeting, without having the issue recorded as an agenda item. I was under the impression a non-agenda item can be discussed, but not voted on??
Unfortunately to add to the mix, we now have a new Strata Manager who appears to be in collusion with our over-bearing chairman. The Strata Manager accepts whatever the chairman presents as verbatim, without consulting the other members of the Owners Committee (OC), and to date, has not acted impartially, nor as an independent adviser for ALL lot owners.
We are only a small block of units that had, until recently, a nice quite and harmonious environment.
What is the best course of action for the OC (or lot owners) to take in order for both of these people to act appropriately?
Hi Nikki/Leanne, sorry for the long delay in my response. I have paper trail in which strata manager either did not respond or respond very abruptly, saying he is not assigned to answer question from an individual owner? He also told me off many times before by saying that he is sick of answering my emails?
Regarding checking books or records of Owners Corporation, I am checking financial statements of OC. I found out many discrepancies in the accounts and when asked Strata Manager, he simply ignore my emails? There is no secretary as SM assuming the position of all three officers of Strata Committee e.g. Chairperson, secretary and treasurer. In last meeting, he declare himself that there is no need of secretary or any other officer as he is doing all work himself for OC? He inform us at previous AGMs that any officer who are elected at meetings are “figure head” only and can not make any decision or call meetings or even ask any question to Strata Manager as he is authorized to spend money whichever way he likes?
Ask for Mediation recently but he got his people reject that. Now thinking to go to NCAT as in previous AGM he change/choose his own people in Committee although people who put their hand up (including me) were ignored (he did not ignore me) He never put minutes of the meetings correct, all committee meetings called by him without any input from me and few other committee members (only discuss with his own people) When I got numbers to reject minutes of previous meeting, he simply advise me that I need to call another meeting to correct the minutes although I send him the correct minutes (amendments via emails with my objection) He just wont listen and making things harder for me and some other reasonable owners other than owners/committee members sitting in his pocket who no matter what support him whether he is doing right or wrong as I believe all committee members have no idea about strata and its functioning?
Please reply and advise what course of action me and my other committee members can take to solve this puzzle.
Thanks
Hi Nikki,
I am doing a UX research piece on how we might we open the dialogue and it’s effectiveness between strata companies, owners and residents, so people feel confident and in control of how their homes are being managed.
I’d love the the opportunity to have a phone interview with you around this article, if possible?
If this is something you’d be able to assist with, please let me know how I can contact you directly
Many thanks,
Corinne
Hi Leanne thanks for reply, I am a committee member and the problem is other committee member rallying against me whenever I raise a legitimate question about strata manager in meetings. Clearly they are siding with strata manager, This is the problem in many strata buildings and complexes. I am not saying that every strata manager out there doing wrong, but in our case it is a group of owners who are with strata manager hence making it hard for other owners even to raise any objections?
It is common sense which guide us that no one can do shonky things on their own? You need support to do things whether legal or illegal.
The issue became more complicated when other owners (who don’t attend meetings) are too quiet about the whole situation? I believe they did not understand where our money is going and what the future hold for all of us? It is very difficult situation for someone like me who is investing lot of my own time to figure out things, but unable to get it through the meetings as “majority” rules? And the majority, without any question, putting their approval stamp on whatever strata manager does?
Any suggestion/s how to tackle this situation?
Thanks
Hi Fair go
We have received the following response back from Leanne Habib, Premium Strata:
You could very clearly and objectively make a list of all your objections/grievances/complaints/questions and address it to the Strata Manager and/or the Secretary who should respond to it (normally, such correspondence would be tabled at a committee meeting). Whether or not they respond, your letter could later serve as the beginning of your evidentiary trail.
Also, if you find that information from them is not forthcoming, you can pay the fee and inspect the books and records of the Owners Corporation.