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Our strata committee held a meeting without notifying the owners or displaying any information about the this meeting. The first the owners knew about it was the arrival of the minutes. The two SC members out of three attending the meeting were identified as the same person.
In addition, the meeting was to approve a development application. Surely this would have to go to the owners corporation?
Any thoughts on this Jimmy?
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Look up Strata Schemes Management Act 2015. Read what it says about Strata Committee meetings. It is clear about notifying ALL owners of the strata committee meeting. Owners can attend the strata committee meeting but they cannot vote. It is not good enough to send owners the minutes after the event. Also, I would check the rules about how many people should be at the meeting.
What kind of “development application” is this? If anything changes the external appearance of common property, a general meeting of the Owners Corporation is required. A general meeting (whether it is Annual General Meeting or Extraordinary General Meeting) invites ALL owners. to pass the motion, you require 75% of the vote at the general meeting. The only exception would be environmental things like solar panels.
“Changing the external appearance of common property” can mean a lot of things. e.g. repainting the roof red, installing speed humps and bollards, building a swimming pool, solar panels, garden refurbishment.
I implore you to read the Strata Schemes Management Act 2015 yourself. You should not rely on the memories of other forum members. Arm yourself with knowledge.
People might want to check with the Supreme Court about owners “must” get a notice.
Most the musts in the Act are not an imperative. They are more a should than a must.- Similar reasoning is in my view applicable to the “must” provisions of clause 6 of Schedule 3. This reasoning supports the conclusion that the provisions regulate the exercise of powers by the EC and that compliance with them is not a necessary condition for the existence of power on the part of the EC.
The Owners Strata Plan No 57164 v Yau [2016] NSWSC 1056
Sch 3 cl 6 is from the 1996 Act but it is pretty much the same as the current version SC meeting notice provision, i.e. Sch 2 cl 4 (SSM Act 2015)
Bottom line is the Supreme Court says the existence of power (to make a decision) still exists even if you don’t get a notice.
I don’t make the rules I just mock those who make a mockery of them.
Good one Supreme Court.
Justice Rowan Darke has since retired.
I for one will not miss him with decisions like that.A lot of strata decisions in the past were based on crusty, old, failed solicitors and judges thinking people shouldn’t live in apartments so the rulings tended to ignore the intent and spirit of strata law.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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