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[Muffin]

Hi Jimmy

We have a situation in our building where the 3 members of the Executive Committee are taking their powers to their extreme and they are constantly bullying and harasing one particular man who is the partner of one of the owners.

Can you let me know how we can proceed to dismiss the 3 members. What is the process?

Kind Rgds

Muffin

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[Jimmy-T]

You have to get 25 percent of owners to agree to holding an Extraordinary General Meeting with a motion declaring any or all of the seats vacant.
Then you have to get 75 percent of votes at the meeting to agree to a special resolution and, if need be, holding a new election for the EC.
Obviously, you need to be sure of the numbers before you make a move.

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[Muffin]

So, do we need to send the meeting invite with motion to all the owners including the Strata Manager?

or can the 3 owners meet in private and pass the motion? Do we than send the 

minutes to the others? Not sure how this works. Also, in 2 months time there is the AGM and perhaps this

is the meeting and time to say that some of the owners don't want the 3 members to be re-elected due to harasment, bullying, etc? 

 

Muffin

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[Jimmy-T]

If you have a general meeting in two months anyway, work towards that.  And rather than sacking exisiting members what you do is

a) establish how many members you want on the EC (this is a vote you have to take before any EC election)

b) make sure you have enough nominees to fill all the seats

c) campaign strongly for your 'ticket' to be elected.

That way you don't have to run negative campaigns which is healthier for your community.

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[considerate and fair]

Hi Muffin, are you saying 3 owners have an issue with 3 EC Members? Or 3 EC Members have an issue with 3 other EC Members who have an issue with an owners partner? Bit confused but either way as JT says to hold an EGM you must get 25% of owners to agree first of all then forward this request to your SM. The notice will then be sent to all owners including the 3 EC members you wish to dismiss. If you want to wait for the AGM, get your numbers and then vote at the meeting. If you are not on the EC you may not have any 'legal' meetings. Nor can you send a meeting invite or distribute minutes. Any meeting notices and minutes apart from EC Meetings are usually made by the Strata Manager if you are managed and then distributed to all owners. EC Meeting Notices and Minutes are placed on the Notice Board. All meetings are transparent and inclusive in a Strata Community.

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[Muffin]

Thanks for all the responses.

To clarify, the EC has 5 people at the moment. 3 of the EC members are a problem. Me and another owner are also in the EC and we want to put forward that the 3 EC members be dismissed or not re-elected to the EC. The issue is that nobody else wants to be part of the EC only the 3 people who are creating problems and taking the other owners to the Fair Trading. The 3 EC members think they have all these power to dictate anything and are constantly trying to find past problems to take people to Fair Trading. Everytime they have done this their issue or complaint get dismissed by Fair Trading. All they are doing is harrasing and bullying people and intimidating them by constantly laying and making things up. Can we suggest that an independent EC is formed?

Muffin

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[Jimmy-T]

Just to be clear, there’s not much you can do right away unless you have 75 percent of owners behind you. However, if you do have the majority then the process is quite simple.
1. Get the signatures of 25% of owners to call an Extraordinary Meeting to declare all the EC seats vacant.
2. Get the 75 % vote required to do so.
3. Vote to reduce the size of the EC to three.
4. get your supporters to vote for your two candidate plus the least objectionable of the three incumbents.

OR
Wait till your next AGM when you can follow steps 3 and 4 with a simple majority (you don’t need the 75% vote).

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