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[tonydoss]

Hi

as you know, we were required to review by-laws by 30 Nov.

we are a 12-lot building in NSW. I’m part of the SC (only 2 people on the SC).

I’ve sent my recommendation to the Strata Manager on 04 Oct, cc’ing the rest of the SC: use the model by-laws with default options for keeping of animals and smoking.

The other SC member sent his to the SM (without cc’ing me). Now I get the agenda for the next AGM and see that the “SC recommendations” are his, including a no-pet by-law.

Why the SM attached the other SC member recommendations and not mine, I don’t know.

Clearly, this recommendation reflects that of ONE person (the person’s email even says “I have reviewed…”) and not that of the SC.

What can I do? Request the SM to update the agenda and attach my recommendations ? What if he doesn’t want to? Do I have any options to make him comply?

Thanks

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[scotlandx]

Did the SC meet? Why did the two members send separate lots of by-laws to the SM rather than having a meeting to consider them?

Setting that aside, you should be asking the SM why they sent the notice out with the by-laws provided by one person. They shouldn’t be acting on instructions of one Committee member without a resolution of the Committee. To that extent the notice of meeting is misleading, as it is not a Committee recommendation.  You may not be able to withdraw the notice, depending on time. What you can do is take your by-laws to the meeting and persuade the owners they are a better option. The owners may choose not to adopt the by-laws, in whole or in part.

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[tonydoss]

Thanks, scotlandx. The SC didn’t meet: the other member won’t talk to me (probably butthurt he lost when I took him to NCAT because he tried to prevent me to keep my cat). Hence it happened by email as I described.

The AGM is in 21 days. Is this enough time to issue a new notice?

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[scotlandx]

Not a very functional committee if the two members don’t speak ????

Call the strata manager and tell him there was no resolution of the Committee, and that you want the notice withdrawn, as there is time. However, the issue then is what by-laws you put up where the Committee can’t agree. Both? You can put draft by-laws up with options for the owners to vote on.

Does the disgruntled member know that a by- law change can’t be retrospective, so he can’t kick your cat out even if the by-law banning animals were approved?

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[tonydoss]

thanks. I’ll suggest that.

yes, at least he did make a note acknowledging that the current animal would be exempt. 

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