Good day CupoC,
Re: By-Law
1. Jimmy is right: forget a “forensic professional” to examine the records. Just what do you think (i) qualifies someone for that task? Is it an experienced auditor? If so, have you any idea how much that will cost you? (ii) whatever ANYONE (you, me or a self described “professional”) finds in the records will at best only reflect what was decided to be kept by the strata committee. Breaking News: a cunning or unscrupulous committee or strata agent is smarter than you and I. Such folk will not leave any trace of evidence that could reflect poorly on them. The most cunning would have nothing in writing in the first place, they would have made all decisions verbally and NOT deposited notes of their discussions in the files;
2. Jimmy is spot on when recommending an experienced strata lawyer. Note the adjective “strata“. Using a “family” or “general” lawyer is a colossal waste of your money (especially if the committee members or agent know the law and make use of a strata lawyer themselves). Get a couple of quotes before moving forward;
Motions for general meeting
3. You mention the SM ignored adding your motion to the agenda. Separate to the above two points, I suggest you ape my actions (of 2022) below:
(a) C0mplain online to NSW FT about the agent refusing to list your motions and tell NSW FT he is clearly ignoring the obligations under which he is licensed (being the Property & Stock Agents Act and Property & Stock Agents Regulation). The complaint can be filed at the following link
https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint
—> Real estate, property management and strata
—> Complaint form
I did just that in late 2022 after I emailed the agent my motions. Soon after he confirmed they would be listed in the agenda, but a fortnight later when the agenda was sent out, my motions were nowhere to be seen. He refused to explain himself to me.
NSW FT investigated my complaint and asked the strata agent some questions he clearly was not comfortable with. Upshot: two weeks later he resigned as strata agent of the scheme. This was very unwelcome news for the strata committee who thought they and the strata agent could ignore the law if it suited them.
Complain as above ASAP. Today is a good time. Do not tell the agent or the strata committee that you have done so. Let the process work its way through NSW FT. FT will, 10 days or so after you file the complaint, call you to confirm they will look into the matter or call you to seek more documents.
Do not confuse the by-law and motions issues (which could be considered separate matters) you are facing:
(a) Whether a by-law as proposed is lawful and
(b) Poor conduct on the part of the agent (i.e. breaching the Act under which he is licensed) in not listing your motions (which can be about anything) for the next general meeting.
Good luck!