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  • #46777
    AvatarNicksy
    Flatchatter

    Hello,
    My boyfriend and I have moved into a new apartment building with a Strata Manager that was appointed by the original developer before the strata plan was registered. We were one of the first occupants to move in in July this year and a strata committee still hasn’t been appointed. When things have gone wrong over the last 6 months, we along with only a few others have been the only ones to notify the Strata Manager.
    Last week, we received notice of the AGM the day after it was meant to be held. Because of this, no one turned up and the AGM has been adjourned till late Jan 2020.
    However, yesterday the Strata Manager sent my boyfriend and I their Strata Management Agency Agreement for a 3 year period asking us to sign it.
    We don’t want to sign because a) we don’t want to be held liable for anything b) a Strata Committee hasn’t been formed so we don’t think this is our personal responsibility and c) us and some of the residents aren’t happy with the Strata Manager.
    I’m looking for some advice if the Strata Manager can ask us to sign the Agreement in our personal capacity before a Strata Committee is even appointed?

    • This topic was modified 11 months, 3 weeks ago by .
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  • #46869
    AvatarNicksy
    Flatchatter
    Chat-starter

    Thanks Jimmy, as first time owners is Strata this is good to know!

    #46823
    Jimmy-TJimmy-T
    Keymaster

    I’m assuming you are in NSW

    Firstly, asking individual owners to sign strata management agreements is weird.  That’s just not how it works (and would probably be invalid, anyway).

    Secondly, in NSW the initial term for all strata management agreements is one year and that only starts from when the management agreement is signed at the initial AGM. Although developers will employ strata managers to set up all the by-laws and other paperwork for the scheme, long-term contracts agreed before the initial AGM are null and void.

    So let’s look at what this strata manager has done.

    1. Asked you, an individual owner, to sign a strata management agreement which can only be done byt the secretary or chair of the owners corporation after agreement at a general meeting. .
    2. Made that agreement for three years rather than the mandatory one year for the initial agreement (the limit is three years for subsequent agreements)
    3. Sent out the notices for the first AGM the day after the AGM would have been held.

    You are dealing with a staggering level of ignorance and incompetence here. The first thing I would do is to contact a couple of other strata managers and ask them to tender for the role (and you could start with our sponsors Strata Choice).

    The last thing I would do is sign these people up for anything, at any time. Google strata managers in your area and invite them to attend the initial AGM to pitch to the owners.

     

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