What do we do if we cannot get anyone to be a Trustee?
We have seen a number of people over the years that are reluctant to take on the responsibility of being a Trustee.
Since 7 October 2016 and the effect of the new STSM Act and the CSOS Act it is even more difficult to get Trustees. Being a Trustee is a volunteer job and done without pay and the responsibility and complaints from owners sometimes are too much for anyone to handle.
The new STSM Act since 7 Oct 2016 provides a solution for this – the appointment of an Executive Managing Agent (EMA). All it takes is to pass a special resolution by the Body Corporate. Should the members not be able to get the special resolution passed they can approach CSOS for an appointment of an EMA (you just need backing from at least 25% of the owners in PQ)
How we work in Trafalgar is that one dedicated person is the EMA (taking over the functions and powers of the Trustees) and then we still perform the normal Managing Agents functions as well (with the normal PM / PA team)
- (1) The body corporate may, by special resolution, appoint an executive managing agent to perform the functions and exercise the powers that would otherwise be performed and exercised by the trustees.
(2) Members entitled to 25 per cent of the total quotas of all sections may apply to the Community Scheme Ombud Service for the appointment of an executive managing agent.