Question: Why does our strata manager insist their role includes chairing the meeting, which is part of what they have been engaged to do? Isn’t this the role of the chairperson?
As chairperson of our committee, I’d like to clarify my role.
Schedule 2, Part 3, Clause 8 states that the chairperson of the owners corporation is to preside at any meeting where the chairperson is present. If the chairperson is away, the committee must elect someone from the committee to chair the meeting, which also means that the person elected must be entitled to vote.
Why does our strata manager insist their role includes chairing the meeting and this is part of what they have been engaged to do?
If I let the strata manager chair the meeting, I am not fulfilling my (basically) only duty. Are they contravening the Strata Schemes Management Act 2015 as she is not a committee member and not entitled to vote?
Some appointed chairpersons may not be willing to perform that duty, but why have a chairperson at all if that is the case? What’s the point of the Management Act if strata managers override the obligations of the chairperson?
Answer: If the chairperson wants to chair the meeting, they are entitled to do so.
You are correct in your email. If the chairperson wants to chair the meeting, they are entitled to do so.
The strata committee can also elect a member of the strata committee to chair the meeting if the chairperson is not present.
The strata managing agent is often delegated the function of chairing the meeting under their delegations outlined in the Strata Management Agency Agreement. This doesn’t override the role of the chairperson.
This post appears in the September 2023 edition of The NSW Strata Magazine.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
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