#18411
Whale
Flatchatter

    CCB, whilst the NSW Strata Schemes Management Act (SCMA) does include some provisions about meeting procedures and about some mandatory motions, it’s silent on details such as those about providing supporting documents and on the other issues that you’ve raised, so I’m not sure about the value of legal or more expert advice.

    In consideration of this discussion and that following your other post about items to be placed on the Agenda for your upcoming AGM (e.g. for solar), even though it’s something that I don’t usually (if ever) advocate I think the time’s come for a boots-and-all approach.

    Clearly your Strata Manager has forgotten who he’s working for and about the provisions of the rules of conduct that apply to him under the NSW Property, Stock, and Business Agents Regulation (Sch 1), and about the ability for owners such as you to seek remedies against him and your Executive Committee for unprofessional behaviours, improperly conducted Meetings, and for subsequent resolutions improperly taken (e.g. without adequate supportive documents).

    So in addition to what’s been advised about you proposing on-the-day that certain motions on the Agenda be amended, where I’m of the opinion that one to adjourn the debate is best, you should print, complete, and place conspicuously in front of you at the Meeting an Application for Orders to invalidate certain resolutions under Sect 153 of the SCMA, and a Complaint Form against the Strata Manager and the Licensee (if the Strata Manager is an employee) under Sect.32 of the NSW Property, Stock, and Business Agents Act.

    Right now….send a further e-mail to the Strata Manager advising that you’ve documented all past approaches (personal and in writing) to the Chairman and him, and what you WILL do immediately following the Meeting with regard to both the Executive Committee, him, and his Licensee if in your opinion that’s improperly conducted, and seek some firm support from like-minded owners, either personally or by their proxies, at the Meeting.

    What I’ve proposed is a bit of a bluff, but be prepared to lodge the papers if thing’s don’t proceed as as they should; you’ve nothing to loose and everything to gain about ensuring propriety!