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Who does the Minutes?
Me again! For all the years I have been here (19) the Secretary has notated the Minutes of monthly meetings and typed them out. This is why I can't get a copy!!!
I went to see the MA today who told me that our Secretary now sends the Minutes on a CD (after being recorded on a dictaphone) to the MA who is expected to type them out.
Is it the MA's job to type the Minutes and send them out to owners? I always thought it was for the Trustees to do that.
However, the MA said if they are expected to do the job they will charge us quite a bit and, of course, our levies will go up.
So ... what I need to know is a) if it is the job of the MA to write up the Minutes or b) is it that of the Trustees, in particular, the Secretary. I would like to know whose as I know of some complexes where the MA's type up the Minutes.
Thank you, kind people :-)
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RE: Who does the Minutes?
Hi, Margaret. It depends on what is covered in the MA's contract. If he's being asked to do something not in the contract (e.g. the minutes) of course he's going to charge for it. Whoever actually records and types the minutes, it is the Trustees' responsibility to make sure it's done. Minutes have to be kept in perpetuity in the Minute book, and if this is not being done, the Trustees are failing in their duties.
In our complex, on of the Trustees takes the minutes (but then, we do not employ an MA).
RE: RE: Who does the Minutes?
Hi Anne - Don't you ever sleep? ;-)
I shall make enquiries as to what appears on our contract and check that the Minutes are kept in the Minute Book.
In fact, I think it is time I had a squizz at the contract and see just what the MA should or should not do. As far as I can tell, they do the annual budget and Minutes and that's about it. Nobody ever attends a meeting (aside from the AGM) Yip, better I go and check that contract. Thanks a lot Anne. Always so helpful....Show More
RE: Who does the Minutes?
Hi
The PMR's only mention that the trustees must keep minutes in a book (PMR 34). It does not say who is responsible for creating the document. As Anne said it could or could not be a contractual requirement.
PMR 49 requires the trustees to both notify the MA of meetings as well as "… furnish to the managing agent copies of the minutes of all meetings of the trustees and of the body corporate."...Show More
Maybe to get something out of them, if it appears as you say no minutes are kept, is to challenge something which would require a trustees' resolution. A good example of this is the determining of the contributions after the estimates have been approved at the AGM (§37 (2)). If they cannot produce such a set of minutes (which should be in a book) it means your contributions are invalid and this should be pointed out to them. By producing the minute book you would then have access to all the other minutes as well.
Good luck!
RE: RE: Who does the Minutes?
Brill, Myburgh. Many thanks. Good idea and yes, I need good luck!
RE: Who does the Minutes?
It's highly unusual that the MA's contract does not include typing and distributing of minutes, after all, that is an administrative function. Majority of MA's include those sort of administrative functions in their contract, covered by their fee. It's when it comes to maintenance that things get sticky. Managing agents are administrators, ie. admin work, not maintainers as is so often the misconception.
Margaret, I'll be your managing agent if I can charge you quite a bit extra to do what should be part of my duties! :-)
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