Forum Replies Created
-
Replies
-
As at any meeting, a good Chair has 1st and last say, and it is up to him/her to enforce strict adherence or not to rules. If things are flowing well, no-one dominating, each speaker courteous and making a sensible contribution to the matter being addressed, all should be happy without strict rule adherence. This includes the Chair ensuring each who wants to speak has a turn. Each and every situation must be judged on its own merits and handled appropriately. Unless something has been dealt with previously and a majority decision taken that does not warrant revisiting, I find it is often better to leave my speaking to last then summarise a motion for voting that can be my wording, not the pedant’s. That’s what then makes it into the minutes.
If you are in NSW, and not wishing to be sneaky, why not try to have adopted the new Schedule 3 Model By-laws from the new Strata-Schemes-Management-Regulation-2016. You need to nominate options for clauses 5 (animals) and 9 (smoke penetration). Assuming you have some now, put it up as a simple replacement to bring the latest as suggested by the new Act and Regulations.
I would further clarify two of Jimmy T’s draft Standing Orders.
I would modify No. 4 to accommodate couples who are joint owners by altering the second sentence to read “Only one ‘non-owner’ speaker …
I would also modify No. 7 to include a time limit per speaker ‘turn’ but allow as it does unlimited turns after all others have had one turn to speak, if they wish. We brought that in to our SC meetings as a standing rule to counter an all knowing pedant who would speak forever on anything he thought he knew, often incorrectly.
Very interesting. Our NSW strata is insured by ‘Strata Community Insurance’ on behalf of Allianz Australia Insurance Ltd.
This policy in Section 10 covers (with limits) Lot Owners fixtures and fittings but not contents.
Will be interesting to see if there is a competitive response to the CHU move. If not, we will need to take this CHU move into account when renewal time comes up.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.
In NSW the Strata Scheme Regulation 2016 Clause 11 covers Nomination for Officers of the Strata Committee. Sub clause 3 requires written consent from an absent nominee. Subject to prior agreement at the AGM, various forms of electronic voting are permitted . See clause 15.
Re the question of proxies at SC meetings, Section 34 of the Strata Scheme management Act 2015 covers Acting members of the Strata Committee. Sub-clause 4 allows a member of the committee to hold an absent members vote and to vote that separately from their own vote, just not called a proxy.
You will also see Clause 9, Smoke penetration has an option A and option B. As is the case with clause 5, if no option selected, option A is the default.