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that means acting member is a committee member, and will not lose this member status even after the meeting, so if this acting member attends next committee meeting, then this acting member should makes quorum. am I correct?
More or less, yes, but obviously they lose their member status as soon as the person for whom they are acting resumes their spot on the committee.
Again, I hasten to add that I’m not 100 per cent sure as I’ve never encountered this specific dispute nor seen how it was resolved. It’s a very specific and arcane situation.
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I’m speculating pretty wildly here but reading the Act literally, it seems that if the motion is presented in the form that the substitute member should be permitted for any meeting that the elected member doesn’t attend, then they are entitled to vote at subsequent meetings and therefore could count towards the quorum.
This all pretty arcane stuff and would only come up in a scheme where there was considerable discontent about the way the committee was running things. I also doubt very much if decisions made while the committee was technically unsound would be overturned or rescinded.
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Instruct the tenants to remove the non-compliant equipment as a matter of urgency, or replace it with equipment that will pass muster. Then tell them quietly that they can always return the equipment once the certificate has been issued.
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The Act says:
A member of a strata committee may, with the consent of the strata committee,
appoint an owner or company nominee of a corporation that is an owner who is
eligible to be a member to act in his or her place as a member at any meeting of the
strata committee.The number of people voting doesn’t matter as long as a quorum has been achieved before the meeting. After that, I don’t know. What does “at any meeting” mean? I think it means that the committee can agree that the stand-in should be allowed at any future meeting that the elected member can’t attend.
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It has been established by the NSW Court of Appeal that residents of strata schemes are entitled to expect a certain amout of cut and thrust in their communications, in this case overturning a previous $120,000 payout for defamation
This would not be strict legal precedent in Queensland but it might well be used as a guide.
Just wait for your next AGM then put forward a motion asking the owners to instruct the committee to issue the apology in the wording you provided. They may not agree but at least then it will be on the record.
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OK, what grounds did the Tribunal give for dismissing these claims?
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The strata plan needs to be registered for settlement to occur, then I can move in.
At present, the builder owns the landApologies. I was thrown by your statement that tenants were already living there.
A lot of the delays in registrations have been caused by additional scrutiny of new blocks introduced by Building Commissioner David Chandler to ensure the integrity of new developments.
On the plus side, it should mean fewer defects battles when you do eventually move in.
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In my humble view, it’s ultimately up to the owner who they nominate to represent their interests on the OC.
Well, yes, but there are laws. For instance, real estate agents who are non-owners and who operate in the block aren’t allowed to be nominated in NSW. And committee members who have been nominated by owners who later become unfinancial have to withdraw until such times as the levies have been paid. Two owners from the same lot can’t be elected unless one of them is nominated by another owner who isn’t standing for election.
It’s complicated but there are reasons behind all of these rules, mostly to prevent committees being dominated by cliques and vested interests.
In my block, we had the original architect on the committee for many years, even though she wasn’t an owner, to the great benefit of the building.
Now we have a committee none of the members of which have ever stood in a contested election. They have all been drafted in to fill mid-term vacancies. The chair even encourages people not to retire at the AGM and then wait until after so he can select their replacement without it going to an open vote. This is strata democracy – or the lack thereof – in action.
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I may be wrong, but when you “buy” off the plan, what you have done is enter into a contract to purchase a particular lot in the future. In real estate a purchase can only occur when their (sic) is a titled property. So your purchase does not take place until the strata subdivision is registered, and their are title documents for each lot.
I’m more interested in what impact (if any) the delay in registration has had on the OP. We are getting many stories about how the new systems in place in NSW Services, Planning and related departments are causing delays and additional expense. I suspect, as you say, that’s all that’s happening here.
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Boy this thread deviated.
From what? The question was asked by the OP and deserves an answer.
It’s a complex issue and there are several unknowns. Are we supposed to wait for legal submissions before we explore the issues? Or do we map out some of the possible scenarios to help people make informed decisions?
The issue of costs is just the icing on the cake and not really what you’re fighting for.
And you know this, how? It was the second point mentioned and is obviously important to the OP.
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Can NCAT force an owner to agree to new subdivision
In circumstances where an owner is benefitting from a special resolution – such as allowing them to take over common property – NCAT can insist that they agree to take over maintenance of the common property, if that is part of the agreement, or relinquish the claim on the common property.
In the case of strata renewal, where 75 per cent of owners have agreed to a major renovation or even redevelopment of the whole build with new lots created, the Land and Environment Court can rule that a minority of owners must go along with it.
So what’s your situation, specifically?
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Regardless of whether or not you want to continue with your current manager, you should give notice that you want to terminate the (unsigned) contract. Then you can decide whether or not you want to renew that contract, renegotiate the terms, or find someone else entirely.
Doing nothing is an option but it’s not a good one.
By the way, all owners are part of an Owners Corporation (body corporate in Victoria) by default. I think you mean the strata committee
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Any owner can stand-in for a committee member at a committee meeting, no form required, just a request in writing
However, the sub’s presence can’t be counted in terms of the quorum (50 percent of the committee’s numbers) and has to be approved at the start of the meeting by a majority of committee members present.
I don’t know where you got the attached passage which seems to imply that the committee MUST approve the substitute. This is what section 34 of the Act says:
A member of a strata committee may, with the consent of the strata committee,
appoint an owner or company nominee of a corporation that is an owner who is
eligible to be a member to act in his or her place as a member at any meeting of the
strata committee.I’m not seeing anything there that says the committee must approve an eligible substitution. I can think of many situations where the majority of committee members might validly not wish to approve the substitution.
Scenario 1: The committee has (say) seven members and only three attend the meeting but one of the three has a request in writing to be a stand-in for a missing member. In this case, the meeting can’t continue in any official capacity (they can still discuss issues but any vote doesn’t count). The substitution has to be approved by the committee before it can be counted.
Scenario 2: The same committee has four members turn up – more than 50 per cent, so it is quorate – but two or three of them decline to approve the substitution, which the chair must call for at the start of the meeting. The meeting continues but there is no extra vote for the absent member.
Scenario 3: The committee is quorate and the substitution is approved by the other committee members. The committee meeting continues with the sub’s vote being counted.
Hope this helps.
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