Look, this meeting is illegal. Notice has been given under the rules for a committee meeting, not an AGM.
There are certain basic provisions in the law that must be observed. The first is that written notice of a general meeting (including the AGM) must be given to each owner at least seven days before the meeting (Strata Schemes Management Act 2015, Section 7 [2]).
The notice must include minutes of the previous general meeting. (SSMA 2015, Section 8 [2])
It looks very much like neither of these things have happened.
If you can hold your nerve until the meeting is held properly, under the statutory notice, you could create absolute chaos and make the chairman look very stupid.
For instance, proxy votes are limited to five per cent of the total ownership (or one, in schemes under 20 lots).
And don’t forget that co-owners can’t self nominate or be nominated by people who are standing for election. And people who self-nominate can’t also nominate other owners.
But I would just wait to see if the meeting goes ahead to play that card. You might also check that all the people voting are “financial” as their votes don’t count and they can’t nominate.
You could end up as the only person on the committee if some of them are co-owners who self-nominate.
Meanwhile, you might inform the strata manager that if the meeting goes ahead you reserve the right to challenge the election and any decisions made at NCAT and explore the possibility of a statutory appointment of a strata manager because of serious dysfunction.
A more critical question, however, is whether or not you have the stomach for the bitter and nasty fight that will ensue (and nobody could blame you for walking away).
But consider writing to other owners to tell them that it’s time for a change at the top. The meeting called for Monday is illegal (and why) and any decisions they make at that meeting could result in individual members of the committee facing personal liability if they chose to ignore your advice.
Tell them the chairman either doesn’t know what he’s doing – or does but is ignoring the law. Meanwhile they are losing money and they are about to get a special levy for a bill for work done to one owner’s property.
Don’t worry about the predictable threats of suing for defamation. Strata owners are allowed a lot of leeway to have frank and free discussions in the running of the building, provided their comments are made in good faith and not motivated by malice.
I would also tell the strata manager that they need to start playing by the rules or they could face being sacked and/or reported to Fair Trading.
Clearly, you really need to get some allies in the building who will support you. And the way to do that is to point out how the law is being broken and how everyone else is paying for it.
Meanwhile, I would still talk to a different strata manager about coming in as a compulsory appointment. They should be able to give you some good advice.
Show your neighbours this response – it often sharpens peoples focus when they realise that there are people out here who know how things should be done.