Is it true that a strata manager should act only when consent from majority of the Council Members are obtained?
Imagine that the Chairperson of the Council wanted to add 2 more items into the Agenda for a coming AGM of a management corporation (MCST) when the Agenda were already formally approved at an earlier Council Meeting.
You know that these additional items have not been approved collectively by the Council. You have a duty to the MCST, the Council and to the Chairperson. Time is not on your side to convene a Council Meeting for a decision. You seek consent by writing to all Council Members giving them a timeline of one day for response. The clock is ticking. The finalised document is due for printing and the AGM document must be posted to meet the requirements of the Building Maintenance & Strata Management Act (BMSMA). More than 12hours have passed. None of the Council Members has responded.
Do you still wait?
Of course not!
You may want to send further chasers. You should double up by ringing every Council Member for his view. Treat this as an urgent matter. An urgent matter is not managed by texting or writing alone!
Your effort should generate a final response from Council Members to facilitate a decision.
Imagine again there is now a different scenario when other members of the Council wanted 2 items be added into the Agenda of an AGM instead. And you have received written consent from majority of the Council Members to have these additional items inserted as part of the Agenda for the coming AGM. For an unknown reason, the Chairperson has not responded. You have tried reaching him by further mail, text and phone but not successful.
Para 2(3)(b),2nd Sch of the BMSMA states that a decision of a Council is made by the majority of its members. You are not wrong, if you proceed with the next process for the AGM.
Wait!
Could there be an emotional issue or a matter of significance causing the Chairperson not responding?
Being the convener for an AGM, surely you want as many Council Members and in particular the Chairperson on the same page, seeing eye-to-eye as much as possible.
Almost every estate has a certain culture. Know your estate. Know your Council Members and therefore the Chairperson is your job. An AGM is a major event of an MCST. Won’t you want it to be a good SHOW?
It is not a given that there will be others speaking for you at any AGM. If you need to go an extra mile, do it. If the AGM turns unfavourably, you must be able to speak independently and for yourself. The expectation from a strata manager is wide, broad and deep. If you need to escalate a matter, seek.If you need training, seek. The The has an Accreditation Course to train you to be a professional competent strata manager. Seek and you shall find!
#AGM #Stratamanagement #managingagent #accreditation
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