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  • #7218 Reply | Quote
    Anonymous

      Hi Jimmy

      We have been in our new strata complex for a few months and have received a Notice from the Strata Managing Agent of an EGM next week.  This is to approve some electrical work and they propose raising a spec levy of over $10,000, with only one quote obtained.  The Notice also stresses that it is not necessary to attend meeting personally, just complete attached Proxy form either for or against the work. 

      I have spoken to other people in the block and they are not happy with the Agent and also not keen to approve any work based on one quote only.  This quote is by the electrician who did all elect work in the building initially, and there have been lots of issues with this work. We are attending meeting and know of some others who will also attend.  My queries are:-

      1.  If there is 50% approval for this work,will it go ahead.

      2.  If the numbers are close, does the developer (who lives in block) have the casting vote.

      3.  Can we only discuss those items noted on the Agenda for this meeting?

      4.  To vote on changing the Agent, do we need to call another EGM with this noted on Agenda. 

      Regards

      Sharon, Neutral Bay 

       

        

    Viewing 3 replies - 1 through 3 (of 3 total)
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    • #12412 Reply
      Jimmy-T
      Keymaster

        To anser your questions in order,

        1. 51 percent approval is enough

        2. The developer's vote is reducded to one third of his voting power until after he has sold 50 percent of the properties.  He may have more votes by dint of owning more properties than those who oppose him but there is no casting vote per se in strata – and that includes the chair of the Executive Committee.

        3.  Generally yes, I think, unless something is moved as an valid amendment to something that's on the agenda

        4. Yes, you do.  Make sure you have the addresses of all owners including absentee investor owners before you do this – the agent could find a million and one ways of not letting you have them once he knows you are planning to sack him.

        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.
        #12410 Reply
        Anonymous

          Many thanks Jimmy.

          #12588 Reply
          Anonymous

            In order to terminate an agent you should:

            • review the agency agreement – in new blocks the agent could be on a multi yr contract – termination could be expensive unless “the agent is in breach of the agreement and fails to remedy that breach within 28
              days after the providing particulars of the breach;”


               

              owners corporation serves a written notice on the agent

            • Call an duly convened EGM (send a notice to all owners at their strata roll address)
            • Place on the agenda a motion to 'revoke' the current agent and 'appoint' a new agent.
            • pass the resolutions
            • Distribute the minutes of the EGM (send the minutes to all owners at their strata roll address).
            • wait the termination period.

            Happy to discuss off line directly – if need be 1300 997 905

             

            Murray Cameron

            Strata Real Estate Service

            https://www.stratares.com

            1300 997 905

          Viewing 3 replies - 1 through 3 (of 3 total)
          Reply To: Extraordinary General Meeting/AGM Procedures
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