Reena and I enjoy our very first in-person podcast chat, covering:
 

Links mentioned:

 

 

9 Responses

  1. I disagree that a strata manager can preside at a meeting by the authority of a delegation under section 52.

    Under section 52 “An owners corporation” may delegate one or more of “its functions”.

    Under par 12 of Schedule 1, the function of presiding at meetings is, a function of the Chairman. In his/her absence from the meeting, the function may be exercised by “a person present and entitlled to vote” who elected by that group.

    The OC can only delegate one or more of “its functions”. Clearly an OC cannot preside at meetings of itself. In my view, Section 52 does not authorise the OC to delegate the functions of the Chairman, the Secretary or the Treasurer which are, of their nature, not “its” functions.

    I also do not agree that a lot owner does not own land. Land extends “usque ad coelum et ad inferos” and can be subdivided in strata or in stratum. In my opinion, the space within the external boundaries of the lot is “land”.

    1. Hi Richard, thanks for this insight. See comment from David below. He points to s 54 of the SSMA as being the relevant section by which the OC can delegate the role of the chair to the strata manager. I agree, though this particular section was not mentioned in the podcast.
      In relation to lot property being “land” for the purpose of the Dividing Fences Act…food for thought, thank you. To be digested on another podcast episode!

      Amanda.

  2. I went to NCAT recently and they said I was not authorised to chair a general meeting. Even though we had the delegated authority in the agreement and I asked and was given owner consent at the start of that meeting. We still won the NCAT case but clearly NCAT is not 100% convinced .

  3. Thanks Amanda and Reena!!

    I have a question in 2015 it was decided by the OC that the owner of a car space was relocating the car space so the fence line was going to be painted on the chosen location.
    Now it seems like the Strata Manager did not bother to do the work properly but we paid for the lawyer’s work.
    Hope that you and others make strata living with less holes where we need to spend a great amount of money making the System Fair.

    Thanks again!!

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