#30766
Lady Penelope
Flatchatter

    You are in a 30 Lot scheme. That would be categorized as a medium sized scheme. It is not unreasonable to expect that at least some committee meetings are held per year. Your scheme deserves to have a committee that functions in a transparent manner.

    A 91 page AGM Agenda appears to indicate that your committee is not functioning correctly.

    Your scheme appears to be undertaking some major projects at the moment. There are certain decisions that a Committee cannot make. There are decisions that can only be made by the owners corporation at a General Meeting. Has your committee overstepped their authority?

    Any owner can raise a Motion for inclusion at an AGM. If there is sufficient support for the Motion and the Motion is ‘reasonable’ then the Motion will Pass. The committee must then abide by the directive outlined in the Motion.

    The owners corporation can direct the committee to function in any way that the owner’s corporation chooses, so long as the directive is legal and reasonable. As an example, the owner’s corporation could direct the committee to hold a ‘reasonable’ number of meetings per year, and to hold the meetings in manner (except in emergencies) that permits owners to attend the meetings. The owner’s corporation can direct the committee to limit its spending to a certain amount, or to obtain a certain number of quotes for items of above a certain expenditure, or to submit a 300 – 500 word Explanation with any Motion that is proposed by the committee. 

    Although the committee has certain ‘powers’, it is the owner’s corporation that has the ultimate ‘power’ in the strata scheme.

    https://www.lookupstrata.com.au/nsw-strata-executive-committee-not-acting-appropriately/

    You may need to take the matter further through the Office of Fair Trading and/or NCAT (see Options 6 and 7).  You have already taken the first step by seeking help from a strata lawyer. Perhaps the legal advice that you have already obtained can form the basis of your application.