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