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There are five votes on our committee. The chair (one vote) asked for exclusive use of the one visitor carspace 9-5 mon-fri. The business (two votes) voted in favour. The residents (two votes) voted against.
Then the business asked for exclusive use of the common toilets. The chair voted for and the residents voted against. An obvious case of collusion with full backing from the strata manager.
The council came and had a look and declared the visitor car space permission to be invalid due to planning. Our lawyer has advised action against and removal of both the chair and strata manager which I am keen to get happening asap.
Before pressing go I’m keen to get a second opinion on whether or not a vote or a bylaw trumps council in this instance?
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There are so many thing wrong with this it’s hard to know where to start.
A committee can’t give exclusive use of common property – that requires a 75 percent vote at an AGM.
Also, you simply can’t re-assign visitor parking to exclusive use of a resident for a number of reasons.
Strata committee votes – even strata by-laws – definitely don’t supersede council zoning.
Sack your chairman, and at the first opportunity. If not for misusing his position, then for the potential legal hassles you will face in the future as you try to undo his handiwork.
Meanwhile, get in touch with your strata manager’s head office, tell them you have been given advice here on this website and ask for another strata manager to be assigned or, at the very least, that the current one gets a little attitude adjustment and retraining.
That’s easier that trying to prove a breach of contract.
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Is the Chair a resident? I know it makes no difference to the law and its compliance, just how far removed he may be after sacking from Chairman. Will he still be on the SC.
For the Strata to remove a SC member, a general meeting with successful special resolution (75%) is required, or
The Tribunal under Sect 238 on application of an interested person, may remove a person from the committee, or office, or both.
But I trust you know this from your lawyer.
Do I detect the sweet smell of revenge in the air?
Getting him removed from your committee for a couple of dodgy mutually beneficial deals is not even on the same planet as having him sacked from a company board for a crime or misdemeanour.
Remember, the higher the stakes, the more effort required and the greater the chances of failure.
The easiest way to achieve this is to concentrate on getting the numbers required to change the configuration of the committee at the next AGM.
Or you could confront him with the evidence that you are going to present at the next AGM and invite him to resign.
Given that he was badly advised by the strata manager, I don’t think a charge of corruption at NCAT is likely to fly.
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A person is disqualified from being a director if they are disqualified under the Corporations Act – that includes things like being a bankrupt, being convicted of certain types of offences or a banning order. The type of thing you describe doesn’t fit the bill, and nor should it.
Perhaps focus on your issues and don’t worry about that?