As most owners and tenants often communicate with the strata manager directly, they sometimes believe that the strata manager is “in charge” of the strata corporation and is able to act solely on their instruction and/or requests. This is incorrect.
The Strata Property Act, which is the legislation that governs the operation of a strata corporation, imposes numerous duties on a strata corporation such as managing and repairing common property, preparing budgets and collecting strata fees, obtaining insurance, maintaining required records and enforcing the corporation’s bylaws. The Act requires that the duties of the strata corporation be carried out by an elected strata council.
Knowing what duties to perform and how they should be performed can be a complicated and confusing task for many of the individual volunteers on a strata council. The duties require knowledge of financial and accounting principles, building maintenance, contract law, the Strata Property Act, Regulations, and other statutes.
Strata corporations can contract a professional strata management company to assist the strata council in fulfilling the duties of the strata corporation. The relationship between the strata manager and the strata corporation is governed by the contract between the two parties. The strata management company provides services to the strata corporation not the individual strata lot owners.
Although a strata council may delegate duties to a strata management company, the strata council continues to be responsible and accountable to the strata lot owners for ensuring that the duties are performed. The strata manager has no authority within the strata corporation or strata council.
The strata management company acts under the direction of the strata council, so individual strata lot owner and tenants who wish to have their needs addressed should present them in writing to the strata council through the strata manager. The strata council addresses these items at a strata council meeting.