[Larry]

Thanks Jimmy and others.

Just to clarify, I was more concerned that a bylaw to enable to the Owners Corporation (OC) to recover legal costs from an owner would actually discourage an owner who has a valid complaint and supporting evidence against the OC. The OC has already previously lost a case at NCAT and so the bylaw could be perceived as an attempt to muzzle any future complaints against a strata committee or OC.

An owner would be loathe to apply in future for mediation or to NCAT, supposedly a low cost place to hear cases, for fear of being lumped with the OC’s legal costs bill, especially if the owner has limited financial means. The owner would also even have to foot any costs related to mediation,

The proposed bylaw also states that if the OC brings a claim against an owner at NCAT or court and the OC wins, then the owner will have to pay for all the OC’s legal costs.

However, from what I can gather from Jimmy’s and others’ responses, only the NCAT or a court can decide responsibility for legal costs, in effect rendering the bylaw invalid.

[Larry]

Can the vote be taken as a poll vote? That is by units of entitlement instead of one vote per lot? 

For example, where garage is a separate lot but worth less units of entitlement than apartment lot, in a building where there are fewer garages than there are apartments. 

[Larry]

Thanks for the helpful advice Lady Penelope and Jimmy.  

However, re refusal to include submitted Motions on Agenda, is there specific reference in the Act or its Regulations that specifically states a Secretary has no (legal?) authority to exclude the Motions? I have searched thoroughly in both but am unable to find. Such reference would be particularly useful especially prior to any vote on removing Secretary. 

Re minute taking at Committee meetings where Strata Manager is not in attendance, can Committee members vote at start of meeting, or can Chairperson decide, who is to take Minutes? Or is the taking of minutes an automatic function of the Secretary only? And again, any specific legal reference in Act or regulations for the above? 

  

[Larry]

Lady Penelope (& Flat Chatters) 

Update

Re point 2 – I have since proposed, by email to the Secretary and Committee, an Agenda item and two related Motions for inclusion on the Meeting Agenda (a proposed date has been set but Agenda has not yet been issued but no doubt will be shortly). The Motions that I proposed have been seconded, not only by one person but two. Three is a majority on our Committee. 

I understand that the Secretary is therefore dutybound to include these Motions on the Agenda.

However, the Secretary has refused to include on the Agenda on the grounds that there is too much emphasis on “processes” and not enough on the issues involved. However, the Secretary and another Committee member (Member X) are very much against the Motion being passed, hence their resistance. 

What can we do if the Secretary flatly refuses to include on valid Motions on the Agenda? I know there is avenue of going to Tribunal but is there anything we can do before we consider taking that step?

Background (Nature of issues involved)

The issues are:

– window safety devices that needed to be installed on all our windows in accordance with legislation by 13 march 2018 (we haven’t had them installed!)

– possible complete window replacement in our building

Earlier this year Committee agreed, by majority, by email (which is our approved method by which most of our day to day strata committee decisions are made) installation by a company of window child safety devices by 13 March. This decision was vehemently opposed by Secretary and Member X on the grounds that as we are in the process of looking to replace all the windows in our block, who to get quotes from etc) it would therefore be a waste of money to install safety devices on our existing windows. Advice from our Strata Manager was that window safety devices needed to be installed by 13 March irrespective of current condition of windows or any future intention to replace to replace them all. Secretary and other member still vigorously opposed to the point of bullying. Majority Committee view was that it was not an ideal situation, but it was highly unlikely that we would have sufficient time to arrange quotes for window replacement, assess quotes and arrange EGM for approval of window replacement and have it all done by 13 March, hence majority was of view we should have safety devices installed on existing windows to be compliant under the legislation. Because of Secretary and Member X’s continued vigorous opposition, Strata Manager suggested that she could organise a Schedule 2 Committee meeting to “formalise” what had already been decided by majority by earlier email. Majority couldn’t really understand why that was necessary given earlier, valid decision but nevertheless was prepared to accept formal meeting under Schedule 2. We were sick of the constant bullying, resistance etc.

However, Secretary didn’t want meeting arranged by Strata Manager under Schedule 2 (as it would have meant a specific Motion to install the window devices on existing windows which they opposed) and instead is organising a Committee meeting by phone (we have no objection to holding it by phone conference) but intends to produce an Agenda without specific motions which I understand he can do (according to Lady Penelope’s above advice) and tying the issue of obtaining quotes for window replacement in with window safety devices (using waste of money argument).  

However, as mentioned above, I have proposed a specific Motion (seconded) to have window safety devices installed on existing windows and have requested Secretary to specifically include it on Agenda – basically requesting what our Strata Manager suggested i.e. to ‘formalise’ a decision already previously made by majority (although I cant see why we would in fact need to do that given a valid decision already made) 

But Secretary continues to resist despite me saying that he is obliged to include my Motion. I’m concerned that he will send out Agenda without my specific, seconded Motion, the reason being clear i.e. that he and Member X don’t agree with it. 

P.S. Lady Penelope, re your point 9, five people nominated for Committee at AGM for five Committee positions. Officeholders were chosen by Committee., however, I suppose like in many ECs people can be reluctant to stand against existing officeholders. However, one Committee member did stand against an existing officeholder and was duly elected.

[Author]

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