#74074
TrulEConcerned
Flatchatter

    Good evening Deyana,

    I cannot speak for what happens in the ACT, but in NSW I have seen similar situations where an owner has a grievance and wanted a motion – presumably prepared by the strata mgr – to address the grievance be listed for a general meeting.

    I recall one cunning SC member acknowledging a similar email from an owner weeks before a meeting, but not acting at the meeting in the manner the owner expected. In fact not acting as any reasonable person would expect.

    The reason was, it was said: is that owners have the right to provide motions to be listed on the agenda for a meeting, but the owner in question failed to provide a motion. The strata manager and SC claimed they expected a motion to be provided by the owner in the stipulated time and such a motion would be listed for a general meeting and the circular would also be attached to the agenda.

    Of course everyone knew what the owner meant by his request weeks earlier. He is not steeped in strata intricacies and expected the strata mgr or strata committee to help him by drafting the motion.

    The SC/OC/strata mgr at the general meeting by merely discussing the issue broadly but not proposing a motion in aid of the owner was from my perspective a demonstration of very poor conduct, but not unlawful. It did not breach the relevant acts. While I had several criticisms of that SC, on this issue I can’t claim they clearly breached any act or regulation. Other than common decency.

    Assuming your correspondence on the motions was with the strata mgr,  complain to your version of Fair Trading and ask what regulations cover the conduct of  strata managers?

    If that regulation or act mentions a requirement for a strata mgr to act “in good faith” or “honestly”, you could file a complaint with FT that the strata mgr failed to comply with what is required of him. Note, a complaint against the strata manager is different from a complaint against the OC. Of course there is nothing stopping you complaining also about the OC’s behaviour.

    The strata mgr should have made clear to you that it is you that needs to provide a motion and he could have given you some guidance. Instead, by his actions in not spelling out the process and not pointing out what you need to do, he misled you.

    You were made to understand that a motion would be listed and the inference was that either he or a committee member would write it.

    Mention in your filing what loss you suffered.