Re: AGM Proxy Votes – The Chairman Rules

(JimmyT to decide if it’s appropriate to publish this on the forum)

Whale – thanks for your considered response.

The Order sought:  the appointment of a compulsory strata manager.

The NCAT ‘wasn’t satisfied that the draconian step of removing the operation and management of the strata out of the hands of the owners as constituted by the OC and into the hands of a compulsory strata manager is appropriate…‘ And that ‘such an order is only appropriate if any of the circumstances in section 162 (3) are proven on reliable and objective evidence.’  The 10 Owners who wrote in support of the Submission and I dispute this.  Do I now ‘fight’/dispute the NCAT Adjudicator?  (Who has the strength?)

At our 2014 and 2015 AGMs a Poll Vote on all Motions dealing with Legislation was called for, in writing and in good and generous time prior to both meetings.  On both occasions the EC Chairman (former State MP) and Strata Manager refused the request and proceeded with a ‘show of hands’ only.  At the meeting held a couple of weeks ago, I suspect the now semi-bald and law abiding voting group could have had the majority, based on units of entitlement.  (I regrettably wasn’t able to attend so was unable to scrutinise the proxy forms in favour of the Chair/SMA.)

The SMA has been asked to confirm when we might expect to receive a copy of the Minutes – it might then be possible to tally the units of entitlement and ascertain whether or not we could have swung the meeting in favour of compliance however, as per usual, none of our communication is ever responded to, so…

I’ve made a list of the of Legislation which was covered in the AGM Motions.  All the Legislation is clear – written in plain English and in no way confusing.  My honest opinion: it is very telling that the controlling cohort – Chairman and Strata Manager (often on behalf of the Caretaker) – used proxy votes issued in their favour to defeat/declare ‘out of order’ the numerous Motions calling for compliance with Legislation on the following:

NSW Strata Schemes Management Act:- 

–  Schedule 3, 2, 6(3), 9(3)
–  The entirety of Schedule 3
–  Schedule 2, 19(2)
–  Section 83
–  Schedule 2, (3)
–  Section 65B
–  Section 63B
–  Schedule 3, Part 1, 3A (1)
–  Sections 96, 97, 98, 99 and 119
–  Sections 100, 108 (3)(h)

Determination of Development Application, Council for the City of Sydney, Application No: A==-+++++:-

–  Residential Use 5(c)
–  Residentual Use 5(a,c)
–  Section 88B

NSW Conveyancing Act 1919

Federal Insurance Contracts Act

Environmental Planning and Assessment Act

Caretaking Agreement (date –/–/—-) – The Owners – Strata Plan No. (….) and The Caretaker

Property Stock and Business Agents Act 2002, Section 57

NSW Land and Environment Court, Case number %%/@@@@, Council of the City of Sydney v The Caretaker

Where to now?  I’m just about defeated.  Yet, it’s our homes, our financial security and exposure to unlimited liability we’re talking about.