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Compulsory SM and Strata Committees
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newlsie
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10/11/2018 - 7:47 am
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Morning All,

Our strata plan has lodged with NCAT for a compulsory strata manager.  Surprisingly no one is objecting to this however there is mass confusion as to the role of the Strata Committee and we have received conflicting advice from various sources.  The current SC thinks they will still be there.  Can you guys please help me with these questions;

*  I understand there still must be a SC – yes?

*  We should have had our AGM in September.  Does that mean the current SC continue (that would be terrible because they are the reason we lodged)

*  Otherwise how is the SC elected?

*  Will those people play any part in the process of day to day management?

* I understand there will be no meetings  for the term of the compulsory management?

* How do we get a motion in front of the SM?

Any more information you can give me would be appreciated.

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Rogan
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14/11/2018 - 3:24 pm
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I don’t get it – why would you lodge for a compulsory Strata Manager if the reason that you lodged is the SC? Why don’t you just get the numbers together and get a new SC?

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Andy
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21/11/2018 - 1:14 pm
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Doesn’t sound like the EC knows much if the AGM is several months overdue.

Depending what’s been agreed with the new strata manager a new EC/SC will be elected. Basically everything is up for grabs. It could be via a light touch compulsory strata manager just making sure things run smoothly and stepping in only when required to one that takes full control of all roles, conducting audits and making all decisions down to how long the night lights stay on. Their intended role should be discussed  and presented at NCAT when the application is lodged. If it’s been agreed the current EC/SC members stay then they stay.I wouldn’t be worried if a compulsory strata manager comes on board they will likely tease out all the nonsense that has been going on.

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Jimmy-T
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21/11/2018 - 8:38 pm
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newlsie said
Morning All,

Our strata plan has lodged with NCAT for a compulsory strata manager.  Surprisingly no one is objecting to this however there is mass confusion as to the role of the Strata Committee and we have received conflicting advice from various sources.  The current SC thinks they will still be there.  Can you guys please help me with these questions;

*  I understand there still must be a SC – yes?

No.  There could be a committee but they’d have no power – that has all be passed to the Statutory Strata Manager (SSM) who might talk to the committee on an advisory basis but the power is all with the SSM

*  We should have had our AGM in September.  Does that mean the current SC continue (that would be terrible because they are the reason we lodged).

Nope. As soon as the SSM is appointed, the committee, to all intents and purposes, ceases to exist.

*  Otherwise how is the SC elected?

No SC, so no election.

*  Will those people play any part in the process of day to day management?

No

* I understand there will be no meetings  for the term of the compulsory management?

Correct.

* How do we get a motion in front of the SM?

Send them a letter or make a phone call.  But it can only be a request, not a motion, as there are no meetings.

Any more information you can give me would be appreciated.  

A statutory appointment of a strata manager is to take over any or all of the functions of an owners corporation (usually the latter) when they have proved incapable of running the show themselves. Their term is usually a year which usually gets renewed on request. Some will consult with owners to keep them involved, but most just run the show the best they can without any assistance from people who, by definition, have failed.

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