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This could all be resolved at the next AGM, when the blocking vote would not apply as the new committee and office-bearers have to be elected, regardless of any other motions.
However, if it’s a matter of urgency, you could put a motion to the general meeting, calling for the secretary’s resignation.
You could also propose a motion that the committee seeks a ruling from NCAT under Section 197 c (below), and that all members owners be made aware of the potential costs of pursuing and defending this motion given that all owners will be contributing to taking the action but only the owners in the losing side in the argument have to pay a special levy to cover the costs of defending the action.
Yes, it’s a scare campaign but it could all be resolved if he just steps down from his role as secretary. If the owners in his building become aware that the disruption and heavy legal costs are solely due to the failure of their secretary to accede to requests of the majority of committee members for him to vacate his office-bearer role on the community association, the might put pressure on him to step down.
You might even be able to persuade the committee of the other building to remove the person as secretary of their committee which would trigger his removal from your committee.
In my experience, the fear of costly legal battles will motivate strata owners more than moral or political arguments. And just commencing action, and letting owners know about it, is often enough to put those involved back in their box.
But a word of caution – I wouldn’t get too specific about why you want him removed. Just say that the majority of members of the committee want him to cease acting as secretary but he is using arcane legal arguments to prevent a civilised transfer of duties, forcing members to consider action at NCAT to assert the will of the majority of committee members.
(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—
(a) an order removing a person from an association committee,
(b) an order prohibiting an association committee from determining a specified matter and requiring the matter to be determined by resolution of the association,
(c) an order removing 1 or more of the officers of an association from office and from the association committee.
(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—
(a) failed to comply with this Act or the regulations, or the by-laws or management statement of the association scheme, or
(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.
