[Sophie]

JimmyT said:

I would think that would fall well withing the remit of an Executive Committee.  There's not special resolution required for that, that I can think of.

Thanks Jimmy. Just to further clarify things.

If the EC voted yes for an accountant to undertake a levy audit to determine outstanding payments, when the audit report is completed would the Treasurer automatically be able to issue invoices to the respective owners or does a vote need to take place first either at an EC meeting or an Extraordinary General Meeting?

Many Thanks

Sophie

[Sophie]

JimmyT said:

Kate

My understanding is that only members of the EC can demand an EC meeting be held and at least one-third of EC members (not owners) have to be in favour.

When it comes to Extraordinary General Meetings, at least one-quarter of owners (by unit entitlements) has to support a call for a general meeting.

An owner, could, theoretically, call a general meeting, sack the current EC and install another one more sympathetic to their cause(s).  Actually, it's more than theoretical – I've seen it done.

But it would be easier for them to get the required third of the EC onside and do it that way.  An individual owner can't demand either an EC meeting or an EGM.

The question of owners being unfinancial is a tricky one. They could, I'm thinking, get enough support to call an EGM and then not be able to vote at it (and, yes, I've seen that done too).

Hi Jimmy,

Thanks for that. Sounds familiar to what may be happening in our strata. 

One more question I have. I believe executive committees cannot make decisions requiring a special or unanimous resolution. Would organising an accountant to audit past levy payments to determine an outstanding amount fall under either of these decision types or does the committee have the authority to organise this.

Cheers

Sophie

 

[Sophie]

JimmyT said:

Unlike in Victoria, there is no obligation here to respond to correspondence, except to note it's receipt and file it. The way to get this issue addressed is to put a motion to the next Executive Committee meeting to have them examine the issue and suggest remedies. They can't refuse to put a motion on the agenda (unless it's decreed to be 'incompetent' by the chair – which puts them in the position of having to justify such a decision).

Failing that, raise it as a motion at your next AGM and make sure you have a seconder. You don't need to be suggesting solutions but you should ask that the matter be addressed and a response formulated by a certain date.

Hi Jimmy,

Your answer to Kate relates to a situation currently within our strata. An individual owner has requested that the Executive Committee call an EC meeting within a specified time frame and add several motions to the agenda. My question is must the owner hold a certain number of unit entitlements to be able to request this and can they do so if they have levies which have have not been paid? 

Many Thanks

Sophie

[Author]

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