@PJ said:
For some time now our executive committee (EC) at its first meeting after the AGM delegates all of its functions to the Chair – with obvious outcomes.
If by “delegates all of its functions” you mean that the committee no longer meets and the chair decides everything, then your EC has basically ceased to function and any decision purportedly made by it could easily be challenged.
The Act only specifically allows all the functions of a committee to be delegated to a strata manager and it also says that functions can only be delegated to individuals specified in the Act.
As Scottie explains above, you have to give notice of meetings and other owners have to be given the chance to respond and/or attend.
If one person is making the decisions, there is no meeting because that would require a quorum of half the members before he or she could even accept proxy votes.
This would give you problems with, for instance, Notices To Comply which, if pursed at at Tribunal, have to show the minutes of the meeting at which it was decided to issue the NTC. It could also present problems over disputed contracts and work orders.
In that scenario, you could put a motion to the AGM that the committee operates in accordance with the Strata Schemes Management Act, issues agendas and minutes and observes the quorum rule.
In proposing that, you might also argue that anyone who doesn’t want to attend meetings shouldn’t be standing for the committee.
If the committee declines, then you could propose that the meeting reduces the size of the committee to one, which would at least reflect the facts of your situation.
If by “delegates all of its functions” you mean that the chair also acts as secretary and treasurer, this is not unheard of but it’s far from ideal. You could put a motion to the AGM that at least two of those functions be held by different people.
In my book, this would be a perfectly acceptable rule change that, while it has no legal standing, would allow owners to express a preference and question why their wishes are not being observed.