[Pamster]

Thanks Guys for your useful responses, there have been some developments since the EGM which have muddied the waters even more.

There was a motion on the agenda for the EGM to engage a strata law firm to lodge the appeal against my costs order, (the OC’s lawyer was in attendance) this motion  was passed.  Another alternative motion on the agenda was to vote to pay my costs as per the NCAT order, this motion was defeated. One final motion was to vote to raise a special levy to pay for the legal costs (the motion did not specify whether the costs were for my legal fees or the Strata Lawyers) for all units to contribute (including me) which was passed. 

I have received a letter saying that the OC are now willing to pay me my costs, and I will not have to contribute even though this motion was defeated at the EGM. 

The Strata Manager has informed me it was discussed to pay me after all with those owners present at the EGM after I left the meeting and after the meeting was formally closed. 

Is it allowed for this decision to be made without all persons present at the initial meeting being present to make this altered decision?  It may seem like I should just take the offer and run,  but I think it could be more complicated because two of the units in my block of 6 have sold recently, so it is the new owners who would be liable to pay the special levy, not the ones who have sold, one of whom happens to be one of the EC members who started the whole mess in the first place.

It will be very hard to persuade two new owners that I should be paid my costs for a matter they had nothing to do with, and could quite probably cause a rift with my new neighbours before they even have time to move in properly.

[Pamster]

Thanks Scotlandx,

Seems like the poor guy who doesn’t have a car port has to pay.  I can understand where he’s coming from even though I do own a car port, but if he had work in his property that needed to be performed, and the area was classified as common property we would all have to pay for that, so it’s all ‘swings and roundabouts” and shows the benefits….. and detriments of living in strata!

[Pamster]

Thanks Jimmy,

I will attend (probably with my solicitor) because the OC will have theirs there.

The AGM is due any day. I’ve asked what the anniversary date is so that the  AGM takes place within 11 or 13  months from the first AGM,  and I’ve also asked why this is an EGM (which costs the OC for the attendance of the SM) and not an AGM – as usual no response, except to be told a response will come from their solicitor “following” the EGM…… seems like the democratic “vote” to engage the solicitor in this matter is a foregone conclusion!

Two of the units have sold recently, but the 42 day standard settlement period has not elapsed as yet, and won’t have done by the time the meeting is convened.

I’m expecting the new owners to attend the EGM, because, as you no doubt know, a NSW Law Society standard form sales contract for a unit states that prospective owners need to be aware of an EGM in order to attend and be able to vote (in place of the outgoing owner) on paying a special levy that will be payable after the sale has been finalised.

Hopefully the new owners will bring a “changing of the guard” to the EC and all the ridiculous amounts of Owners Corporation money spent on legal fees by the current EC/OC to contest orders that I have been successful in, can stop (it is the Secretary of the EC who has sold one unit).

My solicitor has said “you only fight the battles you know you can win”, I wish my current OC/EC used the same mantra!

[Pamster]

As stated in my post above I have been awarded a costs order at NCAT.

Last Friday I received a notice of an EGM to be convened shortly (despite there being an AGM due any day now). The only matter on the agenda at the EGM is for the OC to vote either to pay my costs, or to engage a Strata Lawyer in order to appeal the decision and related costs order that was granted in my favour.

Seeing as I, being the successful party am not to be included in contributing financially to any special levy raised in relation to this matter I am questioning why I was sent the meeting notice? The meeting notice did not state that I am not a contributing party to the levy.

I know as part of the OC I’m entitled to attend an EGM, but would have thought that because this EGM is solely to discuss this one matter of which I am the opposing party, having me attend is counter intuitive, is the meeting not legally privileged?

Of course I don’t mind attending the EGM to see what is discussed, but it would be obvious as to how I would vote. I don’t want to take the time to turn up at the meeting just to be told I can’t take part. Can someone please give me their opinion on this?

[Pamster]

Thanks Guys, I really appreciate you taking the time to advise me, and pointing me in the direction of where to find the relevant information in the Act. P

[Pamster]

Hi everyone, there’s a bit of confusion here.

I know the EC can have a “paper” Executive committee meeting, and in my experience the loophole in the act which enables EC’s to hold paper meetings for particularly controversial issues is abused. However, I   didn’t think a “paper” EGM (extraordinary general meeting) was allowed?

[Pamster]

Residents who hang their washing on their balconies in clear view of all and sundry walking past…..and in my block, residents of one particular unit hang  their clothes on  the curtain rods in the window as a make shift wardrobe.  There are communal washing lines on the common property, and built in wardrobes in at least one bedroom, and surprise surprise………there is also electricity supplied to the laundry of each unit to power a clothes drier!!

I know I sound like a snob, but  I don’t want my property which was the biggest purchase of my life, to  resemble an apartment block in a ghetto of some third world country

[Pamster]

In my experience you could be making a rod for your own back if you deliberately and successfully exclude someone from the EC.

It may be best to have him on the committee but make sure he does not become an office bearer, he’ll feel included but won’t have any powers.

You could also restrict the number of members you choose to have on the EC. If there are too many candidates for the number of places a ballot would take place whereby he might not get enough votes in order to become an EC member.

[Pamster]

This post was moved here from a new Topic started by the same poster.  This is a no-no.  People need to be able to find the whole thread.  Please don’t start a new topic unless it is a significantly different issue – JT

The By-law that was drafted and paid for was drafted because an owner had already installed air conditioning some years ago without a By-law being in place. 

I have discovered that the motion for the By-law was defeated at the EGM due to the fact that the unit entitlements counted as votes in favour of the By law were not sufficient be the 75% required to pass a special resolution.

What happens now to the owner of the apartment with the unlawfully installed air conditioner?  Some of the owners obviously do not want this By-law despite the EC authorising the drafting and payment of it.

[Pamster]

Thanks for your advice everyone, looks like we’ll have to start all over again.

In response to your last question scotlandx. Yes an actual By-law was put to the meeting for approval, it was attached to the meeting notice and also to the minutes that were sent out after the meeting and attached to the notice of a later EGM held in March.

[Pamster]

Hi everyone, according to the minutes of the EGM the vote according to Unit Entitlements was split thus;

in support of the motion for the proposed By law (a copy of which was attached to the meeting notice) was 33,

opposed to the motion 17.

It was stated by the Chairman at the time that the motion was carried.

When querying with the EC and Strata Manager as to when the By-law will be registered I have never been told that the motion was defeated so the By-Law cannot go ahead. 

The legal costs of drafting of the By law that was attached to the meeting notice was paid for by the Owner’s Corporation.  Therefore I have not agreed to pay for the registering of it because it is for a generic By-law to apply to all units should the owners want to install air conditioning.

[Pamster]

Thanks for the advice, yes of course I want the By-law registered asap, but the EC / Strata Manager are dragging their feet doing so – who’s responsibility is it to register the By-law?

I want to get air conditioning installed within the next 12 months and don’t want to have to go through this whole rigmarole again if the strata is out of time for registering the By-law

[Pamster]

Thanks Ray2u, your philosophy seems sound and sensible. I wish my EC members acted in a similar way instead of being the megalomaniacs I have experienced of late.

[Pamster]

Thanks Jimmy, can I get one of those “serial pest” badges?

[Pamster]

Jimmy T, I don’t support abusive comments in any way, shape or form. I don’t know how you can say I support Isydowner’s abusive comments when I don’t even know what they are!

I simply supported his comments disagreeing with the laissez-faire attitude the other writers were propounding in relation to EC members not responding to emails. Surely it’s beneficial to your readers to see this issue from both sides?

Unlike Isydowner I won’t “spit the dummy” because you told me off and demand you close my account. I enjoy lively discussions and have even been known (albeit rarely) to change my mind (heaven forbid!).

I enjoy reading the posts in the forum and have found them to be most informative and at times very humorous, I would like to continue doing so.

[Author]

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