This article discusses council meeting without manager, explaining that a Council of Owners can pass resolutions and keep minutes without a strata manager present, though their guidance is often helpful.
Question: Can a Council of Owners consider and process a resolution without involving our Strata Management Company?
This question is in regard to a WA Survey Strata lot. Can a Council of Owners consider and process a ‘resolution’ without involving our Strata Management Company? We are looking to avoid additional charges from our strata manager for this service.
Answer: Generally there is no requirement to have the strata manager present at the council meeting but there is a requirement to keep minutes of the meetings and the outcomes of the decisions that were voted on.
Assuming that the strata scheme is operating under the standard by-laws.
The by-laws in the Strata Titles Act cover all strata schemes whether they are a Survey-Strata Scheme or Strata Scheme.
Some strata schemes may have customised by-laws that alter some of the standard provisions in the Schedule 1 and 2 (Governance or Conduct) by-laws.
It is interesting to note that the requirement specified in Schedule 1 BL8 (6) was deleted ?
(6) “The Council shall keep minutes of its proceedings”
Fear not; this just means that the requirement to keep minutes has been placed into the legislation.
See section 104. Records and correspondence.
Sec.104(1)(b) – make and keep for a period fixed by the regulations –
- Minutes of its general meetings of its council; and
- Records of its resolutions and decisions of its council;
Depending on the contract requirements agreed to by the strata company and the strata management company, there may not be a need to have the strata management company representative present at any council meeting.
Prudence would suggest that a strata manager who is well versed in the Strata Titles Act would be an asset at a Council meeting in case there are questions on procedural requirements and compliance with the Act.
Generally there is no requirement to have the strata manager present at the council meeting but there is a requirement to keep minutes of the meetings and the outcomes of the decisions that were voted on.
This post appears in the November 2021 edition of The WA Strata Magazine.
Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au
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