Question: Does the COO have the power to stop all communication between lot owners and the Strata Manager, with no exceptions?
Does the COO have the power to stop all communication between lot Owners and the Strata Manager, with no exceptions? Our newly elected COO announced at the AGM that they had decided that all communication, with no exceptions, had to go through the COO first before reaching the Strata Manager. Their justification is that our former strata manager quit as she was unable to handle the unpleasant communication received from lot owners, so they want to protect the new strata manager. This decision has not been discussed with the new Strata Manager yet.
The problem is that the current COO is not well versed in matters regarding the STA Act, Amendments and regulations. Having run this 20 lot strata in the past without a budget for many years, I expect corrections to the way they operate will not be welcome, and from time to time, flagging issues with the Strata Manager will be needed.
The New Strata Manager is a member of the SCA. Is there anything in the SCA management contract template that protects the rights of lot owners to approach a strata manager directly for issues where there is a conflict with the COO’s interpretation of the legislation?
Answer: The COO’s decision suggests a level of trust, respect and understanding of the role each plays in the management of your scheme.
I applaud the Council of your Strata Company for supporting your Strata Manager. It suggests a level of trust, respect and understanding of the role each plays in the management of your scheme.
Role clarity is extremely important for owners to understand. Further to amendments to the Act in 2020, greater restrictions have been placed on both the Council and the Strata Manager.
Section 135 Functions and Constitution of Councils
- The functions of a strata company, subject to this Act and to any restriction imposed or direction given by ordinary resolution, are to be performed by the council of the strata company.
What a Strata Manager is permitted to do is outlined in Section 143 of the Strata Titles Act; Authorisation of functions of strata manager
143. Authorisation of functions of strata manager
- A strata company may, subject to this Part, authorise a person (a strata manager) to perform a specified scheme function.
In essence, the Council may authorise the assistance of the Strata Manager to carry out tasks on their behalf. The terms of this assistance should be made clear in the Strata Management Agreement. A competent Strata Manager should bring items of concern to the attention of their Council and the Council determines how to proceed.
The Strata Community Australia (WA) works in conjunction with reputable strata management companies to ensure that the requirements of the Strata Titles Act and Regulations are abided by.
Should an owner have grave concerns that their elected Council is not adhering to their legal requirements, they have the freedom to seek independent legal advice and progress the matter through the State Administrative Tribunal.
ESM Strata
E: mchurstain@esmstrata.com.au
P: 08 9362 1166
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