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[Enough of Strata]

Below is the motion on the Agenda for an AGM on 29/11/17 for a Strata Scheme I am a Lot owner in.

Motion #

That as per the terms of Schedule 3(4) of the Strata Schemes Management Act 2015, the Owners Corporation review the By-Laws of the Strata Scheme.

The owners Corporation are to choose either option A or B in By-Laws 5 & 9.

This relates to the review before 30/11/20017 of the Strata By-Laws:

This Strata Scheme was established in 1974, and when the 2015 SSMgt Act was introduced, would have had all its By-Laws updated as per Schedule 2 of the SSMgt Regulations 2016 – “By-Laws for Pre 1996 Strata Schemes”.

It would appear to me that the Strata Manager has assumed the “Model By-Laws for Residential Strata Schemes” – “Schedule 3”, are the current By-Laws that are in force, which I consider incorrect, based on it being established in 1974.

No document identifying By-Laws 5 & 9 were attached with the Agenda notice, and so few Lot owners would have any idea what was being referred to.

I contacted the Strata manger and tried to point out the above but got no where, on the matter.

My question is how best to deal with the matter at the AGM as:

By-Law 5 under Schedule 3 refers to “Keeping of Animals”, however “Keeping of Animals” under By-Law Schedule 2 is By-Law 16, and if passed would conflict and be unlikely to be registered.

By-Law 9 under Schedule 3 refers to “Smoke Penetration” – and is not dealt with under Schedule 2, and would not conflict if passed.

While I consider the Motion should be deemed “out of order” and should not be put, as no supporting information was provided, Lot owners who would vote by Proxy would be voting blind.

Does anyone have a suggestion for an appropriate way to handle this matter at the meeting.

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