wombat said:
I would like to know the legislation that supports this. Can you help me with this Billen Ben?
Even a bank cheque needed to be cleared overnight before it hit the oc's bank account.
Hi Wombat;
I hope it was in G F Bugden's strata book, if not then i would have to think about it some more. I do not have the book anymore but that rings a bell with me.
From SCS 10/34078 page 3,
h. I do not consider that there is any real substance in the assertion that the Executive Committee is not able to propose motions. The reality is that the motions were proposed by lot owners who also were members of the Executive Committee. While the Committee does not have standing, its members who are lot owners, do. I assume that neither Ms Gilmour nor Mr Bonnano had a proxy to act for a lot owner. The minutes attached note that they had approval and consent from lot owners, and the attendance sheet records that each held a proxy from a lot owner, but I am unable to find the actual proxy in the materials provided.
The Act, Schedule 2 Clause 9 (1) provides:
A person is not entitled to move a motion at a meeting or to nominate a candidate for election as a member of the executive committee unless the person is entitled to vote on the motion or at the election.
Unless there were a proxy, neither Ms Gilmour nor Mr Bonnano would be entitled to vote. Thus, neither could move a resolution.
G J Durie Strata Schemes Adjudicator 22 Oct. 2010
Neither Ms Gilmour or Mr Bonnano are owners. Both had motions on the AGM agenda.
It seems to me that the Adjudicator is saying if you have a proxy you are entitled to vote, move motions, nominate candidates and all the other goodies that come with being an actual owner.
I found the comment surprising coming from a Senior Member.
You will notice the Adjudicator says “move a resolution”. Motions are moved and resolutions are the result of a passed motion. One does not move a resolution. I have trouble having any confidence in the organization (CTTT).
Hope this helps.