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  • #11130 Reply | Quote
    767dan
    Flatchatter

      I just need a little advise regarding my grandmothers Strata complex. It is a complex of 20 townhouses in Sydney. 

      The previous Strata manager retired a year ago, and he recommended a new manager and put him up to be voted on at the last AGM. 

      The committee is made up of 5 owners who live in the complex. In the last 12 months, they’ve held no meetings. There are a few issues with the complex, one of them is broken drains across the driveway that are a serious safety issue and have damaged vehicles. I raised it with the previous Strata manager about two years ago, and have again with the new manager twice in the last year. He’s advised that he obtained quotes and put them to the committee, however they have not responded. 

      Additionally, the complex has a small visitor car park of only three spaces, and a few months ago an unregistered car was parked in it and has not moved. Requests to the manager to have the committee place a notice on the vehicle and have it removed in accordance with the new act have been ignored. 

      I had intended to raise the issues at the AGM as a proxy for my grandmother, however we received an agenda yesterday for a meeting that is to be held in 2 weeks time. No prior notice was given and the manager has now stated that as the agenda has been produced it cannot be changed. The agenda has only the standard motions (accept the budget, reappoint the manager etc) with absolutely no motions from owners. 

      Does the committee (via its manager in this case) need to provide prior notice of the AGM to request motions from owners… this is what happens in my personal complex, and another that I have an investment in. 

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #27168 Reply
      Lady Penelope
      Flatchatter

        Unfortunately there is no requirement under the SSMA 2015 for notice to be provided to owners that an AGM is pending. It is the responsibility of the owners to submit Motions prior to the sending of the Agenda. Usually an owner can ascertain when an AGM may be called based on the date of the AGM immediately preceding it, however, this can be inexact.

        It would be advisable to submit your Motion regarding Common Property repairs as soon as you have crafted it so it gets included in the next General Meeting. You can also obtain quotes for the repairs and include them within your Motion so as to hasten the approval process.

        It may be advisable for you also to craft and submit a Motion that requires the OC to hold Committee Meetings (perhaps 2, 3, or 4 Committee meetings) throughout the year so as to promote transparency of decision making.

        Schedule 1 of the SSMA 2015 states that:

        7 Notice of general meetings other than first AGM

         

        (1) This clause applies to general meetings other than the first annual general meeting of an owners corporation.

        (2) Written notice of a meeting must, at least 7 days before the meeting, be given to each owner.

        (3) Notice of a meeting must also be given, at least 7 days before the meeting, to each first mortgagee or covenant chargee on the strata roll if an item on the agenda is one in which the mortgagee or covenant chargee may cast a priority vote.

        Note : A priority vote may be cast in the circumstances set out in clause 24.

        (4) Nothing in this Part requires an owner to give notice of a meeting to himself or herself.

        #27169 Reply
        767dan
        Flatchatter
        Chat-starter

          Thanks. That’s certainly frustrating. I guess the managers on my other properties just do it as a matter of convieniece. 

          I did manage to have a chat with the secretary this evening and it seems the committee just has no idea what they’re doing. The secretary complaint that the manager hasn’t called any meetings during the year, and doesn’t seem to understand what her role is. The secretary also doesn’t know how to use email (along with another member of the committee), so the secretary apparently has heard nothing from anyone since the last AGM. 

           

          Is there anything that can be done to get the place in order a bit? Or is it literally a case of putting in motions now for next years AGM and riding it out until then. 

          #27170 Reply
          Lady Penelope
          Flatchatter

            Can you get yourself onto the Committee at the AGM? It might be easier for you to change things from ‘within’.

            Are you planning on attending the AGM?

            Do your committee know how to use the internet? If they don’t can I suggest that you ask the Strata Manager to provide some photocopied “Strata Living – Get Involved” booklets (48 pages) from the site below which explains how strata works, and also Schedules 1 and 2 from the SSMA 2015: 

            https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf

            You can nominate yourself for the Committee at the AGM by going through the steps in [s5(5)] Schedule 1 SSMA 2015 outlined below:

            5 Nomination of candidates for election prior to meeting

             

            (1) The written notice of an annual general meeting is to include a call for nominations for members of the strata committee at least 7 days before the annual general meeting of an owners corporation.

            (2) Any owner, or any person entitled to vote at a general meeting of an owners corporation, may nominate a person for election as a member of the strata committee.

            (3) The nomination is to be made by written notice given to the secretary of the owners corporation or, in the case of the first annual general meeting, to the convenor of the meeting, that states the name of:

            (a) the person nominated, and

            (b) the person making the nomination and that the person nominated consents to the nomination.

            (4) The secretary must include the nomination in the notice of the meeting at which the election is to take place. Notice of any subsequent nomination is to be given by the secretary at the meeting.

            (5) A nomination may be made at any time before the election is held and may be made at the meeting.

            (6) An owner or a person may make a nomination even if the owner or person cannot vote because the owner is an unfinancial owner.

            You can request another General Meeting to vote on your Common Property repair Motions at any time if you can encourage 25% of your owners to support your request. If you are able to attend the General Meeting and speak at the General Meeting then you could perhaps gain your required support to call another General Meeting at that time. I would advise you to obtain quotes and submit your Motions as quickly as possible. You may be able to use the previously acquired quotes if they are still current. 

            #27197 Reply
            Sir Humphrey
            Flatchatter

              @Lady Penelope said:
              Can you get yourself onto the Committee at the AGM? It might be easier for you to change things from ‘within’.

              Are you planning on attending the AGM? …

              I second all that.

            Viewing 4 replies - 1 through 4 (of 4 total)
            Reply To: Disfunctional committee and AGM notice
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