Reply To: Owner using 30 per cent veto to block removal of secretary

Warning:  My opinions immediately below turned out to be wrong (as you will discover from reading on). I have left them in because I think it’s a good example of how one can misinterpret strata law, especially if you go by what you think the law’s intent was, rather than a “black letter” reading. It’s worth reading through all the posts to see how a reasonable interpretation can be totally wrong. – JimmyT

Unless the person raising the objection owns 33.4 percent of the unit entitlements, or has signed letters from enough owners, I think the strata manager has erred here. This is what that section of the Act says:

Decisions to have no effect if opposed by more than specified owners
A decision of an association committee has no force or effect if, before the decision is made, notice is given to the secretary of the association by 1 or more owners of relevant lots, the sum of whose unit entitlements exceeds one-third of the total unit entitlements, that the making of the decision is opposed by those owners.

The key word in all this is “owners”. The way I read this is, just because someone is the secretary of a block with more than one-third of the owners in it, they don’t necessarily have the votes of owners required to block a vote in committee unless they can show that all those owners have made an individual decision to support them.

Your strata manager needs to have a serious rethink on this (and not allow themselves to be so easily bullied).  If they refuse, hit them with a request for mediation leading to a run at a section 193.

193 Orders to settle disputes or rectify complaints
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, make an order to settle a complaint or dispute about any of the following—
(a) the operation, administration or management of a scheme under this Act

• This reply was modified 1 year, 11 months ago by .