#26269
Jimmy-T
Keymaster

    I have it on the personal assurance of Innovation and Better Regulation Minister Dominello that any obvious attempts to circumvent the anti-proxy harvesting laws (or any other laws) should be challenged under Section 232 (a) and (c), as well as Section 24 of the Strata Act, quoting his speech in support of the Second Reading of the Bill to show the intent of the law.

    It says: “Voting methods, increased participation and dealing with proxy voting are … critical issues to strata communities” and refers to “the scourge of proxy farming.”

    Shifting dates and calling meetings adjourned so that they can be held under the terms of the previous laws are a clear attempt to subvert the current laws and should be challenged via a request for orders at NCAT to rescind the decisions made and invalidate the election.

    Mr Dominello has told me his department will be looking closely at any such challenges to see if the law needs to be tightened even further.

    232 Orders to settle disputes or rectify complaints
    (1) Orders relating to complaints and disputes
    The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
    (a) the operation, administration or management of a strata scheme under this Act,
    (c) an agreement appointing a strata managing agent or a building manager.

    24 Order invalidating resolution of owners corporation
    (1) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.

      

    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.