This topic contains 15 replies, has 7 voices, and was last updated by Jimmy-T 4 months, 2 weeks ago.

Viewing 16 post (of 16 total)
  • Author
    Posts
  • #35716
    Jimmy-T
    Jimmy-T
    Keymaster

    Phill74 said: 

    the OC doesn’t have the power to set levies (they can call a meeting for owners to set them, which didn’t happen), and therefore by extension, neither does the compulsory SM.

    This is simply not the case.  Under normal circumstances it is the OC (Owners Corporation) that sets the levies.  The OC is all the owners acting as as a group.

    Also you shouldn’t be using one set of circumstances to apply to completely different ones – strata doesn’t work like that.  The idea that a compulsorily appointed strata manager can’t set the levies is ludicrous.  How else are they going to fix things in an dysfunctional building if they can’t set proper levies?

    It depends on the specific terms of the appointment, but in most cases that defaults to the SM taking over all functions of the OC. Just to be clear, compulsory strata managers aren’t appointed to take over from the Strata Committee (SC) alone – they take over from the Owners Corporation of which the SC is (or should be) merely an adjunct.

    This is what the Act says:

    (1) Order appointing or requiring the appointment of strata managing  agent to exercise functions of owners corporation 

    The Tribunal may, on its own motion or on application, make an order appointing a person as a strata managing agent or requiring an owners corporation to appoint a person as a strata managing agent:

    (a) to exercise all the functions of an owners corporation, or

    (b) to exercise specified functions of an owners corporation, or

    (c) to exercise all the functions other than specified functions of an owners corporation.

    I have left all the hyperlinks in there so you can better understand what all those terms mean.

    • This reply was modified 4 months, 2 weeks ago by Jimmy-T.
Viewing 16 post (of 16 total)

You must be logged in to reply to this topic. Login Register