Does a strata manager have the right to chair general or committee meetings?

NSW
Committee & Governance
Management & Agreements
question
Lookupstrata community member

Can a managing agent’s representative chair a general meeting or strata committee meeting without an owner’s vote?

Does a representative of the managing agent have an automatic right to chair a general meeting or a strata committee meeting, or do owners or committee members need to vote to appoint them as chair?

answer
Sean Bermingham
Sean Bermingham The Strata Collective

Any instance of a managing agent representative chairing a meeting must be supported by an appropriate delegation of authority.

For clarity, under the Strata Schemes Management Act 2015 (NSW), there is no automatic or inherent right for a managing agent to chair either type of meeting.

In relation to General Meetings of the owners corporation, the meeting is to be presided over by the chairperson. While a managing agent may assist in convening and facilitating the meeting, they may only chair the meeting where this function has been formally delegated to them, typically under the strata management agreement or by resolution of the owners corporation.

With respect to strata committee meetings, the position is more prescriptive. The chairperson is required to preside at meetings of the strata committee. In the absence of the chairperson, another member of the strata committee may be appointed to chair the meeting. Not being a member of the committee, a managing agent does not have the authority to assume this role unless there is a valid and specific delegation of functions.

Accordingly, any instance of a managing agent representative chairing a meeting must be supported by an appropriate delegation of authority. In the absence of such delegation, the role of the managing agent is limited to providing administrative and advisory support rather than presiding over proceedings.

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