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[Madison]

Can there be a change of mind from an owner of a committee decision after the annual general meeting?

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[Jimmy-T]

There can be a change of mind but not a change of vote.

If a committee member thinks they’ve made a terrible mistake at a meeting, there are processes whereby, if they can garner enough support from other owners or committee members, they can call another meeting and try to get a majority of owners to vote differently.

Even if they voted in error, they have to live with it.

I am reminded of a friend’s mother who wanted to change her vote on single-sex marriage because she had voted “Yes” thinking it meant “Yes – I don’t want gay marriage”.

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[Madison]

Hello, thank you for your reply. I am in Victoria. I wanted to be more specific with my situation.  We have made a decision to have a gate installed at the AGM, the funds are all in the bank, one owner who did not attend the meeting has objected to the company installing the gate.  The manager has stopped the decision going ahead. We are without a gate and have no security at the property. Am I entitled to withhold my fees when they are due?

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[Jimmy-T]

The manager must follow the instructions of the AGM.  So what if one owner objects (unless that tips the voting on an interim provisional special resolution)?

Contact the manager and politely ask them on what legal grounds they are not proceeding with the instructions of the owners corporation.  And will they commit to reparation if you or your proerty is harmed due to compromised security.  This should be copied to the secretary of the scheme.

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[Austman]

Madison wrote:

Am I entitled to withhold my fees when they are due?

Never do that!

I’m a bit confused when you say “committee decision” and then later say an “AGM decision”.    There is a ranking order in that an AGM decision will out rank a committee decision.

But either way the gate was approved, so unless the decision was by an AGM interim resolution, meaning an AGM resolution made without a quorum, it should go ahead.

However if it was an AGM interim resolution, then the strata manager is correct in delaying its execution.  Any objecting owner has 29 days to challenge the decision.    They must however be in a position to be able to require a general meeting to be called where the issue will be reconsidered.

That’s a limitation of “interim” resolutions.

 

 

 

 

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