Question: I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up. During negotiations with the committee, the strata manager has circulated the draft agreement to non committee lot owners. Is this the usual process?
I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up.
At our last AGM, it was “RESOLVED that the owners corporation delegate to the strata committee the negotiation of a new 10yr Building Management agreement with the owner.
I tabled slightly alerted agreements to the committee, and they voted to get legal advice from a strata specialist.
Two owners, not on the committee, requested and received copies of the draft agreement from the strata manager. These agreements have not been approved by the committee. These two owners are using the draft agreements to work against our request for a top-up.
Is it legal for the strata manager to give out draft agreements to general owners?
My understanding was that once the committee approved an agreement, the approved documents were presented to the owners to vote yes or no.
Answer: It is not “illegal” for the strata manager to provide the draft building management agreement to non-committee members, though it is not routine.
It is not “illegal” for the strata manager to provide the draft building management agreement to non-committee members, though it is not routine.
Generally, as you suggest, the strata committee will negotiate the terms of the building management agreement for consideration by the owners corporation at a general meeting. That draft is usually attached to the agenda for the general meeting. Further, at the general meeting, there is nothing to stop owners from raising objections or seeking amendments to your agreement.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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