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[Millie]

Our AGM was held last night. A group Owners sought and received a good block of proxy votes. A slightly bigger number of proxies were given to ‘The Chairman’.  The current EC Chairman then used those proxies to defeat every motion calling for compliance with the Terms and Conditions of our mandatory Building Insurance Policy, the terms of the building’s Development Consent, certain of our By-always etc, etc.

One attendee has claimed that the proxies must be given to an individual and not the ‘Chairman’ and that as such the Meeting and the Resolutions passed to defeat the Motions can and should ruled invalid under Section 2 of the NSW SSMA.

Also, the EC last month held a meeting without issuing an Agenda and without reaching a quorum. When I pointed out to the Strata Manager that this couldn’t be classified as an EC Meeting the SMA then held a subsequent paper EC Meeting, again without issuing an Agenda or advising Owners of the ‘meeting’ and ‘ratified’ seven pages of Resolutions ‘passed’ without Motions being notified and listed. The only person ‘present’ at the paper meeting and the chair of the meeting was the Strata Manager. The first anyone knew of this was when we received the ‘Minutes’ of this paper meeting the day before our AGM. Included in the resolutions was one pertaining to my lot. This was ‘passed’ without me receiving any notice of a motion and therefore without having the option of responding to a proposed motion over my Lot/Unit. Shouldn’t this ‘meeting’ and its ‘resolutions’ also be declared invalid?

Any advice would be greatly appreciated.

Thanks

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[Millie]

Thanks JimmyT.

Under the new legislation, must one go first to Mediation before applying for Orders?  

Our Respondents always refuse Mediation and I understand we only have 28 days to lodge an objection to the Resolutions passed.

With thanks

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[Jimmy-T]

You apply for mediation on the grounds that the meeting wasn’t properly conducted (or whatever).

They may refuse to attend or fail to respond but you have started the process within the 28 days.

The critical box on the form that requires a tick is one that asks if mediation has been attempted.  It has still been attempted even if they refuse.  The only person required to attend a mediation for it to be valid is the person who initiated the action (and you would, would’t you, even if you knew the other side had no intention of turning up).

Bear in mind there is a new system and new forms following the introduction of the new laws last month (December 2017).

You can download a Fair Trading mediation form here  and an NCAT application form here .

You will find the NCAT information page on applying for a Tribunal hearing HERE.  NB: There are no longer “paper” adjudications – after meditation, you go straight to a tribunal.

Good luck 

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