- This topic has 4 replies, 4 voices, and was last updated 12 years, 7 months ago by .
-
Topic
-
To whom can owners report culpable action by a Strata Manager issuing deceptive unfactual minutes?
-
Replies
-
Herve, I think the first step would be to challenge the minutes or not accept them as a proper record of what went on or was said . There should be a mechanism for you to do this.
As always I recommend (prior to any meeting) gathering as much support from other owners as to why the minutes should not be accepted.
You can put your objections on the record straight away but make sure that an item is included in the next agenda outlining a challenge to the minutes and the reasons for the challenge.
At our AGM the first item on the agenda is the adoption of the minutes of the previous AGM. Of course, no one every challenges them (they are a year old and no one remembers what was said). And mostly no one cares!
I have only ever seen minutes of any meeting being challenged once. The person challenging had obviously ‘done their work’ before the vote and the challenge got up.
If you don’t do the above the minutes will stand as an accurate record of what was said and done and can be used to support future actions that may be just as ‘deceptive and unfactual’.
Good Luck
Record the meetings (any), but inform the others that you will do so. After that, you can challenge the minutes at your leisure. The punishment is decided & meted out by NCAT.
The way I read the LAW
All attending the strata meeting can make their own minutes
Legally voice recordings can be used in this type of meetings to make the written minute
Unless specifically stated and accordingly if you mentioned it they will vote to forbidding you
But if not mentioned recording is ok
I understand that is how several secretaries make minutes
For the purposes of making sure the official minutes that are put on file are accurate it is a great idea for people to make their own minutes. However I believe an individual’s personal copies are most usefully used to stop “deceptive and unfactual” minutes becoming the officially adopted ones. And that requires individuals disputing the official minutes to stop they being adopted.
It is the official minutes that go on record that are really the only important ones. As the official minutes are formally voted on and accepted.
I have seen it happen where a person has insisted on a certain wording in the minutes. At the time the wording appeared pretty harmless but later the same person using those minutes to absolve them of responsibility for some wrong doing.