This topic contains 3 replies, has 2 voices, and was last updated by Jimmy-T 3 weeks, 6 days ago.

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  • #39663
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    Bunyip1
    Flatchatter

    Hi Flatchatters,

    My world is dealing with a strata manager that owns 3 lots with another lot owner who is the insurance broker of our scheme.

    According to the SSMA 2015 this is somewhat not allowed. an AGM wasn’t held a couple years back is also illegal. They are also the leasing agent for another lot but on the committee too which according to the  SSMA 2015 is as illegal.

    A slight conflict of interests ? according to them ” no ” as long as they declare their commissions

    I don’t think they have read the definitions of who can be a strata manager in SSMA 2015 and the Property Stock and Business agents Act 2002, maybe they know but don’t care as they’ve gotten away with it for many years.

    It’s a setup that hasn’t sat well with me for years but finally after years of frustration and other owners thinking the same but were too scared to say anything, I think I’ve rustled up enough votes to get rid of them at the next AGM.

    For all you others with pure frustration at your strata manager, as Flat Chat says, vote them out! If we vote them out we still have to deal with them at other meetings as owners only ( which could be interesting ).

    • This topic was modified 3 weeks, 6 days ago by Jimmy-T.
    #39678
    Jimmy-T
    Jimmy-T
    Keymaster

    Bunyip wrote:

    My world is dealing with a strata manager that owns 3 lots with another lot owner who is the insurance broker of our scheme. According to the SSMA 2015 this is somewhat not allowed.

    Are you sure?  It’s certainly not healthy but is it illegal?  Section 32 of the Act says building managers and other people who have business with the owners corp and who are NOT owners can’t be members of the Strata Committee.

    Why do you think what they are doing is illegal?

    Just make sure all your proxies are properly lined up and fully paid up before your AGM as it sounds like these people will challenge you if they feel their position is threatened.

     

    #39708
    Avatar
    Bunyip1
    Flatchatter
    Chat-starter

    Hi All,

    I’m very confused about parts of the SSMA 2015, I’ve been reading up on it as we want to get rid of our strata manager at the AGM.  In the SSMA 2015 Part 4 Div 1 section 49 subsection ( 5 ) it states an owner seeking appointment as a Strata manager cannot vote on the appointment, so this indicates that an owner can be the strata manager but just not vote for themselves when seeking the position.

    However, the property, Stocks and Business Act 2002, which is referenced a lot in SSMA 2015 defines a ” Strata manager ” as someone that isn’t an owner of a lot in the scheme they manage. So one says an owner can be elected and the other defines the role as someone who isn’t an owner!

    Now Leasing agents can be on the Strata committee as well as building mangers, that’s just asking for conflicts of interests to arise.

    NB: This response was started as a new thread even though it is clearly part of an existing discussion(in another topic)  – that is very much frowned upon here on the Forum.  Please stick to one thread per topic.  We can manage to separate tangential issues, as you can see. – JimmyT

    • This reply was modified 3 weeks, 6 days ago by Jimmy-T.
    #39745
    Jimmy-T
    Jimmy-T
    Keymaster

    I think the intention of the Stock and Station reference is to differentiate professional strata managers from owners who manage the strata scheme on a voluntary basis.

    You also said:

    Now Leasing agents can be on the Strata committee as well as building mangers, that’s just asking for conflicts of interests to arise.

    The law was changed so that leasing agents and building managers couldn’t be on the committee unless they were also owners. The possibilities of conflict of interest have therefore been significantly reduced.

    I strongly recommend that you seek some sort of professional advice from either a strata lawyer or our sponsors Strata Answers as you seem to be misinterpreting various laws and creating confusion in your own thinking.

    #40340
    Avatar
    Bunyip1
    Flatchatter
    Chat-starter

    Hey Jimmy T,

    There is light at the end of tunnels! We had a unanimous decision in not renewing the management agreement of our very incumbent strata managers at the AGM. Not only did we vote to get rid of them, the committee member who’s company runs our Strata wasn’t present and did not bother or forgot to fill in forms to nominate themselves to the committee. I believe the Strata Manager notified their employer and there was a request to be on the committee but this was rejected.

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