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This question may not be appropriate for this forum but a legal eagle member may be able to assist. I am Secretary of a company which owns 6 owner occupied apartments. One newish owner, a young female solicitor, has been difficult since the day she moved in (at one point threatening to sue a Director for defamation!). Except for these instances the company has been very harmonious for at least 20 years through quite a few changes of members.
About 6 months ago she moved out and commenced to lease her apartment.
Under company legislation the company is required to notify ASIC of changes to member’s addresses etc. However this member refuses to reply to emails requesting this information. Usually her mother contacts the company on her behalf and acts as a proxy at the AGM (and tries to take over the meeting – you get the idea of their attitude).
The problem is that the company is in breach by not notifying ASIC of the change and the penalties are very high. If when we do get the information we lodge the forms the company will be fined and there does not appear to be much hope of recovering from the member. Yes I know we could make the date of change a current date to avoid the penalty but what do we do about this member – any legal opinions anyone?