BP Strata Meetings Appoint Manager

Meetings: Appoint Manager

In this and the following sections, we take you through the agenda of a strata corporation AGM.

Legislation

23(6) A strata corporation may appoint or engage a person to assist any person appointed under this section as an officer of the corporation.

35(10) A strata corporation may appoint or engage a person to assist its management committee in the performance of the committee’s functions.

Appointing a manager

This item follows the passing of the financials. An extract from our pro-forma minutes follows…

APPOINTMENT OF MANAGERS:
That _____________________, and/or their nominee, is appointed to assist the Corporation by undertaking all those functions, powers & duties as contained in the Strata Titles Act 1988 at an annual primary remuneration of $______ including GST.
Additional recoverable charges may be made for meeting fees and audit, government fees including GST, bank fees, stamp duty, postage and photocopying charges will be debited to the Corporation as actually expended.
Duties of the appointed Managers:
General: To provide, so far as is reasonably necessary, general advice and assistance to the Corporation and its officers, and to assist them in the performance of their responsibilities under the Act.
Meetings: Arrange the General and Management Committee meetings, prepare and distribute notices, including agenda of meetings. Attend General (and Management Committee meetings if needed) and assist the Presiding Officer in the conduct of meetings. Assist the Secretary in the recording & preparation of minutes of meetings and distribute such minutes.
Maintenance: Advise upon and arrange for the maintenance, repair and replacement of the common property in accordance with the Corporation’s instructions. Organise emergency maintenance works.
Insurance: Place and renew insurances in accordance with the Corporations instructions and have any claim promptly processed.
Accounting: Collect, bank and account for maintenance contributions, levies, interest accruing or other amounts due to the Corporation. Send notices levying maintenance or other contributions and pay accounts and outgoings. Prepare annual financial statements of accounts of the Corporation and arrange an annual tax return & GST/BAS returns as required by law.
Secretarial: Promptly deal with the Corporation correspondence and requests for Searches (section 41). Ensure that all appropriate and proper records of the Corporation are maintained and keep secure and confidential all books, records, common seal, certificates of title, strata plans, specifications, reports, schedules and the like.
Public Officer: To act as the Corporation’s Public Officer for the purpose of signing Tax Returns and other matters as required by statute.
Commissions: The manager may receive a commission for placing the Corporation’s insurance.
Note: A management agreement will be posted to the group’s Presiding Officer for signing.
Moved____________ / Seconded ____________ Motion carried.

Hint

As chairperson:

if the manager is present ask him/her to leave the room while owners discuss their appointment
ask the manager to supply a copy of their management agreement
if considering a new manager, clarify fees, length of agreement (suggest max 1 year) duties, performance standards, professional indemnity insurance and termination arrangements – see manager checklist below.
see our chapter on Managers for more information