Question: An EGM was called to dismiss the strata manager. When sending out the agenda for the meeting, the strata manager added information to our explanatory notes. Is this legal?
The majority of the committee are deeply dissatisfied with our strata manager. We requested an EGM be called and we put forward a motion to dismiss the strata manager.
We provided explanatory notes as reasons why the strata manager should be dismissed. On the agenda, the strata manager responded with her version of events under each of our points on the explanation notes and sent this onto everyone. Is it legal for the strata manager to add her own information to the agenda?
Answer: There is no breach of duty if they have not amended your notes but simply added notes in the capacity as the delegated Secretary.
If your strata manager is the delegated Secretary of the Owners Corporation, they have the specific function of giving notices, answering communications and attending to administrative/secretary duties. The delegated Secretary should not be altering or amending your explanatory notes but we can see no breach of duty if they are adding their own notes. Therefore, there is no breach of duty, in our opinion, if they have not amended your notes but simply added notes in the capacity as the delegated Secretary.
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