So what’s the time limit? The general meeting was 9am Friday 20//11 . Let’s say, they give me the right to nominate myself. What if the 2 members all veto … is it possible for them to keep me out of the committee?
The time limit on Section 25 (denied a vote) is 28 days. Section 24, (improperly conducted election) doesn’t have a time limit specified but I wouldn’t go beyond 28 days.
There are two options here. The first, being co-opted on to the committee, would allow a “veto” since the existing committee member are the only ones who vote on your admission to the committee, after it has been elected at a General Meeting.
If you present this as a compromise, to avoid another NCAT confrontation which you will surely win, maybe they will see sense.
If they refuse, even after you explain why the strata manager is wrong, then you have to challenge the election at Fair Trading and NCATso that it has to be conducted again and then you can nominate.
Your problem then is to convince a majority of owners, not so much that you have been denied your legal rights, but that the strata scheme is facing unnecessary expenses because of poor decisions based on false premises. You want to join the committee to put things on an even keel.
The issue with the entry gate motor is one example. That could and should have been dealt with without anyone having to go to Fair Trading. The highly dubious decision to deny you the right to stand for election has just compounded the problem where bad and legally questionable decisions pile on top of each other.
One argument might be that the owners corporation is being encouraged to avoid its responsibility to maintain and repair common property by a strata manager who cites aspects of strata law that don’t exist.
It’s a truism of strata that trying to avoid paying legitimate expenses for repairs always ends up costing more when you have to go through the hassles of an NCAT challenge and then have to do the repairs anyway.
The committee members are clearly getting dubious advice that they follow because they think it will save the scheme money. You will need to convince the other owners that these are false economies and they could be doing better.
Yoiur next challenge will be to convince the strata manager to provide you with the email addresses of all the non-resident owners. Give the SM’s previous actions, I’d bet they will cite privacy issues for not doing so. This, again, would be pure BS.
Owners are entitled to see all records of the strata scheme and that includes email addresses where they have been provided.