@kparbs said:
There is another AGM coming up in November and we would like to know what our rights are regarding:
a) removing the treasurer from the committee due to the competing interests and failing to act in the best interest of all owners. We are aware that he has been paying himself out of strata funds for various jobs on the property in non-arms length transactions
b) removing the bike rack and reinstating the garden bed and lawn
Thanks, Katrina
Removing the treasurer is easy. Firstly you get four other owners to agree with you and either turn up or give you their proxyr, then you have a majority.
At the AGM you choose the number of members of the EC that you want (let’s say five, for instance) – this is a mandatory part of the AGM process – then you elect the five people you want on to it, obviously excluding the guilty party.
Next, if the bike rack was established as the result of a special resolution by-law, you will need one more vote to overturn the decision as it needs a 75 percent vote in favour. If not, a simple majority – which you already have – will see the bike rack removed.
However, if the rest of the owners aren’t bothered about the treasurer paying himself for actual physical work (rather than EC work, which is forbidden) there’s not a lot you can do except take the Owners Corp to the CTTT for undermining the amenity of your lot or possibly changing the use of a garden to a bike rack without the proper by-laws (whatever they may be).