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I was voted onto the exec committee at the last AGM but have had considerable difficulty with some decisions taken by the other three members (we are not, imo, a quorum). I have asked for an ESM on another matter and also so another Owner could be invited onto the committee – this has been met by fierce resistance/hostility, to the point where I wonder if there is something financially unhealthy going on (for instance an expensive pressure cleaning for outdoor car spaces and areas, when not much has been done in a somewhat grimy 70-era complex).
I have requested the strata manager for contact details of all owners – which I believe as a committee member I am able to do- but have been told by the EC that I should only contact the strata manager as a Owner and not as a committee member.Is my only option – one I hesitate to embark on – opening a case with the Tribunal?
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Even as an ordinary owner you are entitled to view the strata roll and it must have the email addresses of the other owners on it. See section 178 and section 183 of the Act. However you may have to attend the strata manager’s office to do so.
The strata manager only has to supply the strata roll to the secretary of the committee – but there is nothing stopping you from asking for the strata roll and reminding the SM that you are on the committee, if only to save you the hassle and expense of going to their office.
A couple of other points.
- What do you mean when you say you don’t think you have a quorum? A quorum is established when at least half of the members are in attendance. The number of members is established by a vote at your AGM. Even if you voted for seven members, four in attendance would be a quorum.
- The committee can only invite owners to join it if there is a vacancy. This could occur when a member quit and wasn’t replaced or the OC voted to have more members on the committee than volunteered to join it.
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on new members – a former EC member resigned at the last AGM and was not replaced – do we have to wait until another AGM or ESM to vote more members on?
If the proper procedure was followed at the last AGM, the OC would have decided on the number of seats on the committee. The implication of a vote to decide the numbers required on a strata committee is that a vacancy should be filled as soon as reasonably possible and the committee has the power to do that by asking for volunteers and electing one of them.
Conversely, if there is a vacancy and an owner asks to fill it, then the committee should allow that person to join or present another candidate whom they can elect.
In my building, the chair asks people who are planning not to stand for re-election to resign before the AGM so that the chair and the other committee members can choose their replacement who will then stand a better chance of being re-elected at the next AGM than if it was an open vote. It’s called branch stacking in other areas of politics.
Regarding your definition of “quorum”, that is not the case. The way to avoid tied votes in NSW is to set an odd number of seats on the committee. As described above, a vote on the number of committee members is a legally required part of the election process at an AGM.
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