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We have a small OC with 4 units. We have not had an AGM since 2010 as the last meeting was unpleasant due to unit owner attacking another. Up to that time, we sought consensus rather than majority vote. We are still able to limp along with maintenance issues and the past secretary remains active. However, we realise we are required by law to have AGMs and need to arrange and AGM and resolve strata problems. Are the previous office bearers still the current ones? No one has proposed or voted to make the positions vacant.
Qoxy
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I doubt the previous office bearers are current but I am in the ACT so not so familiar with the details in NSW. I think in the absence of an AGM to appoint the entire OC becomes the committee. IE every decision requires a general meeting now that you are past the due time for another AGM to appoint another EC. I think the terms of the previous EC would have expired once the latest date for an AGM had passed. Since you had a poor experience with the conduct of your previous AGM and since you are only 4 units, I would suggest you see if you can get 3 or preferably all 4 units to agree to call an AGM which would then be conducted with a mediator present. I think you should be able to find a free or cheap mediation service – local governments often put some money into such things. It could be part of the call for the meeting that the chair (presumably has to be one of your owners. Can a non-owner chair in NSW?) would generally defer to the mediator in the conduct of the meeting. I would be presenting this as a way for everyone to have their say while making sure you get everything back on track to be run on a sound legal footing, which is surely in everybody’s interests.
Most of the strata schemes in NSW are non-compliant in some way or another. Your problem will only arise if someone challenges decisions that have or haven’t been made.
I wonder, however, if in the meantime your EC members are covered by EC Insurance (if in fact you have it). But all you have to do to put this right is hold your AGM and elect your committee.
One way to get round the personal conflict problem is to hire a strata manager and delegate EC powers to them. It’s more expensive than doing it yourself but a lot less stressful.
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