#78712
Jimmy-T
Keymaster

    The reference to the chair and strata chairperson is just a mistake in the original post.  The motion actually says this:

    That the Owners Corporation, under Section 46 of the Strata Schemes Management Act 2015, approves
    the payment of honorariums to [Person 1] and [Person 2] totalling $97305 each in recognition
    of their invaluable services in initiating and leading the collective sale process on behalf of owners across a three year period since 2022.

    The two people, names removed, are the chair and secretary. Section 46 of the Act says this:

    An owners corporation may pay to a person who is an officer of the owners corporation or another member of the strata committee of the owners corporation an amount determined by the owners corporation at an annual general meeting in recognition of services performed by the person for the owners corporation in the period since the last annual general meeting.

    If they have been holding their AGMs every year, then the motion is invalid since it and the accompanying explanatory note refers to three years. The chair and secretary should have known this as at least one of them is a lawyer.

    We are told that the building’s sinking fund has $250,000 in it which would otherwise be distributed to all the owners on the dissolution of the strata scheme, so the claims in the explanatory note that the chair and secretary have done the work at no cost to the owners would be obviated by these payments.

    And even if the duo have truly “earned” these payments – and apparently this was all news to the scheme’s elected treasurer – trying to push it through in a pre-vote-only AGM, which itself is highly dubious, has a whiff of dodgy dealings about it.

     

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.