September 16, 2020 at 11:04 pm #321489HomiaMember
When there are services (maintenance, ad-hoc) required by the owners cooperation, it is usually left to the building/strata manager to either use their regular contacts or if at significant cost, tender the work out and choose the cheapest option but with relevant qualifications/experience. At times when a unique service is required, owners/strata committee members will provide referrals to the strata/building manager.
My question is it a legal requirement (if yes, where?) to disclose the relationship if any when an owner/strata committee member provides a referral when there is already an existing relationship e.g. relative working in the firm, director of the firm being a previous teacher to an owner who is a student there, etc. Also, the proof in the relationship was from an email to the strata manager where the owner providing the referral indicated the relationship. In putting the decision to the strata committee members, should the strata manager disclose the fact of the relationship and exclude the owner with the relationship from votes counted? Are strata committee members required to disclose the relationship to the other strata committee members? What is the consequence if this was not disclosed?
TIASeptember 22, 2020 at 6:24 am #361789Amanda FarmerExpert
In NSW, the legal requirement to disclose conflicts is set out in clause 18, schedule 2 to the Strata Schemes Management Act (scroll right down to the bottom).
Have a read of that clause and these Forum posts on the topic should assist also:
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