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For NSW units:
The AGM Notice contains 2 motions regarding strata management agreements. The 1st relates to renewal of the current strata mgr’s agreement. The 2nd relates to the OC entering into an agreement with a new strata mgr. Both motions state that the strata com be authorised to sign these agreements on behalf of the OC which we think is usual.
However, the problem is that neither of the proposed new agreements are attached to the AGM Notice. We’ve been told in the past that proposed agreements should be attached for all owners to read before the AGM. Under the SSM Act 2015 does that still apply?
Frankly, unless owners read an agreement before accepting it they won’t know what services the strata mgr will and won’t provide nor what their fees are. Secondly, how can owners authorise the strata com to sign something owners haven’t read? Are these two motions invalid?
Furthermore, the current strata com have breached several laws and by-laws for their own benefit so who would trust them to decide the terms and conditions of such an important agreement.
If we email the strata mgr and ask that the 2 proposed agreements be sent to all owners urgently, can he/she refuse to do so?
Does NCAT have jurisdiction to order a strata mgr to send owners copies of the proposed agreements? If so, could NCAT deal with such an application urgently?
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