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Topic
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Paragraph 7 of the second schedule provides that the notice of a meeting must include a detailed agenda for the meeting.
Our notices have details like “painting the garage floor” and “new carpet in the eastern stairwell”. We never have broad items like “review the state of the building and grounds” but some plans do.
Who’s right?
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It depends. If the intention of the item is to have a general review of common property, in order to identify issues that require further investigation, then the broad brush approach is fine. But if the agenda simply says “common property” when the intention is clearly to discuss a specific issue, and perhaps one that the secretary doesn’t want to alert other owners to, then you could say it was in breach.
What can you do about it? Not a lot. The tribunal is not going to declare the decisions taken at a meeting invalid because the agenda wasn’t up to scratch. But the owners at a general meeting can do so. And that is your safety net – self policing by a majority of owners.
It it’s egregious and systemic, you can ask the owners and, failing that, the Tribunal to remove the offending committee members.
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I was under the impression that in NSW you have to have the wording of the Motion in the Agenda if a vote was to be taken. That is important so that owners can decide whether to attend or to give instructions on how their proxies are to vote.
I have not seen this done in my 30 years of strata – although there are votes token. I thought it was because i am in Victoria.
the quoted section of strata law and the original post refer to strata committee meetings, where proxy votes don’t apply. As acknowledged, rules are very different between NSW and Vic (where owners don’t have the right to attend committee meetings). In both cases, committee meeting decisions can be overturned by the owners at a general meeting so if there is jiggery-pokery afoot, there are remedies.
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