#28057
twosailram
Flatchatter

    Hi Costa

    Re the email (electronic) voting, there are a couple of references in both the Act and the Regulations, which on the face of your posting, may not have been correctly followed.

    Clause 10 of Schedule 2 of the Act allows electronic voting, but only after a suitable resolution has been passed. If so passed, it must be minuted in a “full and accurate” minute as per Clause 17 of Schedule 2 of the Act.

    Within the Regulations, Part 2, Clause 14 details the process for ‘Other means of voting’. Within this clause, sub-clauses 3 & 4  detail how the notice of meeting (agenda) must contain statements re possible modification of a resolution. Often see in our strata resolutions of SC are modified or qualified after discussion.

    Further reading of Clause 17 of Schedule 2 of the Act shows that not only

    • MUST cause to be kept a record of its decisions
    • MUST give each owner (you at 42 units are a small scheme) a copy of the minutes within 7 days  of a meeting of a Strata Committee OR the passing of a resolution by the Strata Committee.

    If this is not happening, I believe Section 238 of the Act can be used to have all the committee removed as they are failing to exercise ‘due care and diligence’.

    Hope this helps.