Can Strata Manager postpone AGM in spite of having quorum?

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  • 12/12/2017 at 8:28 pm #11495 Reply | Quote
    rhea
    Flatchatter

      Hi, Flat chatters,

      Our AGM was scheduled for yesterday 6.30pm. At noon we received an email from Strata Manager telling us “due to Secretary’s unexpected work commitments, tonight’s meeting has been postponed until January (date to be confirmed).”

      Thankfully, I checked my email in the afternoon and emailed back to the Strata Manager, letting him know we have the quorum for the AGM. This I knew because I had spoken to the owners earlier. To which Strata Manager replied that other owners were not available and the Secretary made a call to postpone the AGM.

      Can the Strata Manager take Secretary‘s instruction to postpone the AGM without giving sufficient notice and without consulting with the OC?

      Is it legal for Strata Manager to postponed AGM meeting in spite of knowing the quorum would be at the meeting?

      Thanks.

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    • 13/12/2017 at 6:26 pm #28865 Reply
      scotlandx
      Flatchatter

        Well – it’s not illegal.

        The question I would be asking is why the secretary is giving unilateral instructions to the strata manager to suit themselves.

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        13/12/2017 at 9:10 pm #28867 Reply
        rhea
        Flatchatter
        Chat-starter

          I believe secretary, treasurer, and our Strata manager are in cahoot.

          I saw the secretary outside our building talking on the phone at 6.30pm when the AGM was scheduled.

          Is there a penalty for Strata Manager or Secretary for postponing the AGM when quorum existed?

           
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          13/12/2017 at 9:28 pm #28868 Reply
          Jimmy-T
          Keymaster

            There’s no penalty for that specifically but under section 238 (below)  you can take them to NCAT seeking orders to have them removed from the committee  for acting improperly. 

            But why would they be in cahoots?  What were they trying to avoid having discussed?

             

            238 ORDERS RELATING TO STRATA COMMITTEE AND OFFICERS

             

            (1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:

            (a) an order removing a person from a strata committee,

            (b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

            (c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.

            (2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:

            (a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

            (b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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            14/12/2017 at 6:56 pm #28870 Reply
            rhea
            Flatchatter
            Chat-starter

              Thanks, Jimmy for your response. The reason I believe they are in cahoots is an ongoing saga. I have summarised the main reason below.

              • On 1 July 2015, our first 10-year Capital Fund Plan (CF Plan) was prepared by Quantity Surveyor. The CF Plan was prepared without consulting the OC and I believe the plan is inadequate because it does not capture all works that are needed. The CF Plan was carried out under the instructions of the Treasurer, and Secretary with help of Strata manager. 

              • In Oct 2015 a special levy of $500k was raised for all remedial work-window upgrade that was not captured in CF Plan.

              • In Nov 2016 another special levy for $100k was raised to pay for works outside the scope of the Contract and was not in CF Plan. Most works were carried out to Secretary and Treasurer’s units and excluded other units due to insufficient funds. 

              • This year there is a proposal for Special levy again for ceiling repair work that is not in the CF Plan.

              • The Secretary has demanded the crack in her unit ceiling be fixed. The Secretary got the builder to inspect her unit and units on either side of her unit. The builder estimated the work would cost approx. 20k/unit. There are other units that require ceiling repair too. However, the remaining 9 out of 12 units were excluded from this inspection.

              • I requested the EC and Strata manager for inspection to be extended to all the units in our building. They argued that it would decrease the value of their units if it became a part of the record in AGM minutes. Consequently, I believe that the Strata Manager, Secretary, and Treasurer are in Cahoots. 

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              14/12/2017 at 7:02 pm #28871 Reply
              scotlandx
              Flatchatter

                Isn’t this the issue you raised in another post?

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                14/12/2017 at 9:54 pm #28872 Reply
                rhea
                Flatchatter
                Chat-starter

                  Scotlandx you have an excellent memory!

                  In order to answer JimmyT’s question, I copied the relevant part. 

                   
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                  14/12/2017 at 11:38 pm #28873 Reply
                  Jimmy-T
                  Keymaster

                    OK, the only way you will resolve this is by taking it to the Tribunal.  No one else can fix this for you.

                    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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