#14420
Whale
Flatchatter

    macpost – your Strata Manager has certainly made things difficult, especially as most Strata Management Agency Agreements delegate the responsibility for issuing Notices to Comply (NTC) to the Strata Manager (SM).

    So there may have been no need for an Executive Committee Meeting, or even if there is no delegation of that authority to the SM, the Agenda need only have been sent to Executive Committee Members, with a copy posted on the Owners Corporation's Notice Board for all and sundry!  

    Nonetheless, a way forward would be to first check the delegations under the terms of that Strata Management Agency Agreement, and if the issue of a NTC is delegated, then cancel the Executive Committee Meeting (ECM) and ask your SM to issue the NTC.

    If there is no delegation, then it's difficult for anything other than a specifically worded Motion at an ECM to authorise the issue of a specifically worded NTC.

    The Meeting could resolve to amend the Motion by substituting the reference to a “named individual” with a reference to “the Occupant of Lot #” ; that's quite acceptable so long as the intent of the original Motion is not altered, and the Minutes of the Meeting record the fact that the Motion was amended.

    Your Owners Corporation may need to review / amend the delegations of its Strata Manager at the next General Meeting, and you will need a Motion on the Agenda to achieve that.