I have posted before regarding the actions of our committee but the last straw is the AGM notice that has just arrived.  

I am in NSW and was unable to persuade our EC (soon to be SC) that waiting until the beginning of December would benefit our scheme.  Note our anniversary is 1 September so the meeting is already in breach of legislation.

The agenda for the AGM includes a new Strata Management agreement (only for 1 year so OK) but it is dated to commence 1/11/16 and our AGM is not until 7/11/16.  One of my motions is to get quotes for SM as this year fees were almost $12,000 for a 16 unit “boutique” block.  The basic fees are OK it’s the add ons that make it so expensive.  They have provided disclosure of income (no figure) in the agreement but being prior to 3/11 it is not in the AGM notes.                                                                                                                Is it legal to provide an agreement dated prior to the meeting? 

Our EC (2 office bearers, 2 who rubber stamp decisions and don’t participate and me) had not had any ‘formal’ EC meeting for more than 5 years until I insisted that it was not legal to have ‘informal’ meetings without minutes.  All decisions regarding spending have been made by 2 office bearer committee members.  Things just happen there is no discussion and no vote.  I understand that none of the decisions are legal as there is no record of them having been made.

One of the email directives received stated they had appointed our “preferred builder” to make significant changes to the basement lift level which involved altering the load bearing wall and and building a platform to prevent re-flooding of the basement.  In theory a wise move but the only plans were drawn up by the secretary.  After my objection they did get 3 quotes but had already decided our ‘preferred builder’ would get the job.   I averted the “informal” vote as this sort of alteration involving elevating the floor level, cutting into a wall to elevate the storeroom door and requiring “watch your step” and “watch your head notices” on the basis it should be subject to S65A requiring a special resolution.

BUT the AGM has no such motion just an annotation to the Sinking Level Fund for $5000  for “work to be undertaken to ensure there is no further repetition of the basement flooding and subsequent lift shutdown experienced in early 2016”. There has been no structural engineer give an opinion or WHS assessment of the probable trip hazard.

Is this legal as I think not?

We have a Sinking Fund plan but there is no planning for future needs and each year it is spent on things that would normally be considered Admin expenses.  They are rarely in the budget.

I am not a Strata Nazi but the Office Bearers are a law unto themselves and just go ahead with unapproved expenditure which never appears as anything except a figure on the P&L. With only 13 owner occupiers the committee is likely to be re-elected as they can still proxy farm absent owners at this meeting.

Do I have grounds for any action.  I would appreciate comments and suggestions of where to go to.