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  • #8067 Reply | Quote
    basjan27
    Flatchatter

      We want to add another position to the three member EC, which has been dominated by a two person voting block the past 10 years, and doing a lot of damage along the way. 

      A few newbies in the building, and the other EC member, are going to requisition an Extraordinary General Meeting and put forward a number of resolutions on the requisition form (I think I’ve got that process right?).

      We’d like to know whether we can include a motion in the requisition to: increase the number of Executive Committee members from 3 to 4.  Or, can this only be done at an AGM? 

      And, what’s the next step:  Do we need to also include a motion on the requisition to: conduct a vote to fill the vacant position on the EC? Or, can that be done at the EGM? 

      Thanks in advance for any advice.

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #15321 Reply
      Jimmy-T
      Keymaster

        If you have the numbers  (ie, 75 % of those voting in person or by proxy), at your EGM propose that all seats on the EC be declared vacant.  Then a new election is declared at which point you can first, choose the number of seats on the EC, then elect people to those seats.

        If you don’t have the numbers to vacate all the seats on the EC, you will have to persuade the sitting members to resign. It doesn’t sound like that’s going to happen.  If that’s the case, you will have to wait until your next AGM (where a imple majority will decide the size of the EC and who is elected to it.

        If you do go ahead with the EGM, the best way to get the proxy votes that you will almost certainly need and which are probably being held by the chair is to tell owners (directly, by mail or phone if need be) how much the value of their property is suffering under the current EC.

        If at all possible, don’t get into personalities – nothing turns people off quicker than what seems like spiteful sniping.  Get local Real Estate agents to tell you how much better property prices and rents would be if the building was being managed properly.  The more specific improvements you can mention, the more likely you are to convince people.

        The day before the AGM, make sure your supporters are all fully paid up on their levies (or their votes won’t count) and be prepared to challenge the incumbents on that and the validity of their proxy votes if need be.

        Best of luck … and be careful what you wish for.

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        #15322 Reply
        basjan27
        Flatchatter
        Chat-starter

          Hi Jimmy, that’s brilliant. 

          A follow-up: You say “at your EGM, propose that all seats be declared vacant.” Can this be made a simple motion from the floor, or would it need to be an agenda item placed on the requsition for an EGM?

          The element of surprise could be very helpful!

          #15326 Reply
          Jimmy-T
          Keymaster

            A general meeting can only discuss the items on the agenda.  The element of surprise will come when they realise you have gazumped their proxies – a new proxy automatically cancels any previous ones.

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
            #15452 Reply

            Hmm.  One other point though.

             

            Gazumping an incumbent EC is a once in a lifetime opportunity… They aren’t prepared for it so won’t prepare for it.  But if you try and fail, you’ll never get the chance again.

             

            Getting 75% of owners to back you for an EC spill mid year is often difficult though, and you may be better off holding your cards close to your chest and waiting for the next AGM, when you don’t have to put forward a motion in advance, since voting the new EC in is done every year.

             

            At that AGM, you are looking to control 2 things: how many people are allowed on the EC (max is 9) and who is actually elected to the EC.

             

            You may find that you don’t have the support to outvote the existing EC members, so then you focus on boosting the EC numbers to 6, 7 or 8 and fill the extra slots with people who support you, that way you can effectively control the voting at the ECM’s anyway.  😉

             

            That’s exactly a friend of mine did with their Strata plan last year, and the 2 poor old people on the EC from the last 10 years who had manipulated things somewhat and driven roughshod over the owners, still got onto the EC again… but didn’t realise what had truly happened until they started to lose every single motion that they put forward…

             

            It’s all a numbers game.

             

            Hope that helps

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