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Our OC is in NSW. Our OC’s financial year has always started on 1 January and ended on 31 December. Quarterly levies are due on 1 Jan, 1 April, 1 July and 1 Oct. Under the previous SSM Act our AGM was held in either February, March or April each year but that did not occur in 2019. It’s now October and the AGM still hasn’t been held and no notice of AGM has been received. Under the new SSM Act can you please advise us on the following:
1. Who decides when to hold an AGM, the strata manager(SM) or strata committee (SC)?
2. No levies have been struck for 2019 and no levy notices have been sent out by the SM during 2019. Is the SM liable to send out levy notices in the same amounts as were payable for 2018?
3. Most owners have not paid quarterly levies during 2019. Under these circumstances will they be considered unfinancial when the AGM is held? Can they be elected to the SC? Or, in order to stand for election to the SC, should owners pay outstanding levies up to 31.12.2019 in the same amount as for 2018?
4. OC insurance premiums must be paid before the end of October 2019. But as the AGM will not be held before then, can the SM just pay premiums without making any disclosures to the OC and/or to the SC? One worried owner asked the SM in an email if the OC has sufficient funds to pay premiums and the SM has assured owners via email that it does.
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