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Hi folks
A Lot Owner recently gave a proxy for a non-owner to vote on his behalf at General Meetings for the next 12 months. The same Lot Owner, who lives miles out of town, wishes his proxy to attend Executive Committee Meetings.
Upon entering the recent EC Meeting the EC barred the proxy’s entry and told him to not-so-politely “go away”, stating that they had the right under the Strata Schemes Management Act, but they couldn’t quote the section number.
Does anyone know the applicable Section number and, alternatively, does an Owner have the right to take a ‘companion’ (witness) into EC Meetings.
Lot’s going on where our Strata is involved.
Cheers
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Replies
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Millie – in NSW, Owners are permitted to attend Executive Committee Meetings (ECM), with the emphasis on the words underlined.
So my understanding has always been that under those provisions, shown at Sch 3 Cl 14 of the Strata Schemes Act, a person holding an Owner’s proxy to participate in General Meetings could not attend ECMs, that only Owners could attend, and further that Owners in attendance can’t actively participate in discussions there unless permitted to do so by the Chair.
So that’s the official line, but personally I don’t much care who attends our E/C Meetings so long as they behave themselves, and quite frankly I’ve been known to permit participation by long-term tenants where they’ve been able to add-value to a discussion.
This is what the Act says.
14 Owners’ attendance at executive committee meetings
An owner or, where that person is a corporation, any company nominee of the corporation is entitled to attend a meeting of the executive committee but may not address the meeting unless authorised by resolution of the executive committee.
On the question of whether or not you are allowed to speak, any owner or representative at an executive committee meeting can “address the meeting” with the permission of the EC. How do you get permission?
You stand up and say “Point of order: May I speak on this matter …” They then should take a vote and undoubtedly refuse to let you speak, at which point you ask for it to be minuted that your request was refused.
However, I would argue that they can’t make a blanket, pre-emptive ruling that you or anyone else may not speak as that countermands the provisions of the Act which allows you to “address” the meeting under specific circumstances.
Speaking at the meeting is different from addressing it. If someone was telling lies about me in a meeting, they’d have to carry me from the room to stop me putting them right with a couple of choice phrases.
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On the topic of who can attend ExCo meetings, one of our ExCo members is actually a Non-Resident, and a Non-Owner! Don’t ask, it was a politically motivated appointment that is allowed under the NSW Strata law, and was enabled by proxy farming.
Now, if the law only allows Owners to attend EC meetings, how does this work for the Non-Owner and Non-resident EC member?
It is a sore point in our building!
Can some experts please shed light on this matter?
There’s nothing I know of that says non-owners can’t attend meetings … the clause I cited above merely says that all owners can attend but can’t address the meeting unless they are given permission by the EC.
It’s really up to the committee to decide their own paramaters and individuals to challenge them if they feel so aggrieved.
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If the unit is owned by a company (as many are and your former secretary’s were) they can send a company nominee.
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Millie …………..
Whale said (at post #2)….. a person holding an Owner’s proxy to participate in General Meetings could not attend ECMs, that only Owners could attend……
So the Department of Fair Trading agrees with me; you could have saved yourself the phone call
