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So, a committee member ripped out her kitchen, converted her laundry to a shower,added an extra toilet, added a sink and tap to the small balcony.erected walls in her former living room. This is in a 1974 built two BR unit. We put a motion in the AGM to have the renos retrospectively assessed and corrected. When it came time to elect the Strata Committee, she put up her hand.in disbelief I objected to someone who should have known better being on the committee.the Strata Agent ( a well known about town Strata business) disappointedly adviced us there was nothing that can be done. If she had been in arrears then that would have been the only valid reason to kick her off. Has anyone had similar experiences?
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If enough people disapproved of her behaviour they could vote against her appointment to the committee. The committee is elected. However, that would take someone prepared to stand up in a public meeting and speak in favour of voting against her rather than just appointing all the nominees with a show of hands.
In our OC, I only recall one person failing to be elected in such a manner. It was close and the vote had to be counted three times.
There are two processes by which a committee member can be removed from office in NSW; a special resolution at a general meeting and by orders from NCAT.
However, that is jumping the gun. In your shoes I would be presenting the owner with a series of requests giving her the chance to put things right. These would be:
1. A request for a full inspection of the changes by a certified surveyor, at her expense.
2. Her agreement to all the by-laws necessary to protect the owners corp against claims if any of the renovations prove to be faulty or have an impact on common property.
3. Retrospective approval from the local council planning department for changes she has made and remediation where that wasn’t forthcoming.
If she was not prepared to accept any of these conditions, I would quietly explain that the next step would be a general meeting specifically to have her removed from the committee (where all her actions could be aired publicly) followed by action at NCAT and through the local council to have all the unauthorised changes restored.
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