What should the managing agent do if the strata committee approves a motion for him/her to implement, but the motion is in breach of the Community Land Management Act 2021?
As delegated chairperson, the managing agent should have declared the motion out of order at the meeting.
The chairperson is empowered to declare a motion out of order if the motion conflicts with the community management statement/the by-laws or is otherwise unlawful or unenforceable. In the first instance, as delegated chairperson, the managing agent should have declared the motion out of order at the meeting.
As the motion has already passed, the managing agent should recommend the motion be rescinded, or alternatively, ask the strata committee to seek legal advice on the legality of the motion to avoid the community association/owners corporation from potentially attracting unwanted liability.
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Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.
As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.
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