#26639
Lady Penelope
Strataguru

    You have raised multiple issues in your comment. I will try and provide some guidance on a couple of them.

    Issue 1 – Bully Chairperson:

    Try and stay the course if you can. “Right” will beat “might”. I too have been subject to similar bullying from a Chairperson in a previous scheme when I was Secretary.  

    The Secretary position is probably a more important position than the Chairperson’s position – although the ‘macho’ Chairperson would probably take great offence at this suggestion!

    Under the SSMA 2015 the Chairperson’s functions are as follows:

    42 Functions of chairperson of owners corporation

    The functions of the chairperson of an owners corporation include the following:

    (a) to preside at meetings of the owners corporation and the strata committee of the owners corporation,

    (b) to make determinations as to quorums and procedural matters at meetings of the owners corporation and the strata committee of the owners corporation.

    Although the OC can decide to delegate various jobs to the strata manager the Secretary is the person who should be assisting the strata manager and should be their ‘go to’ contact. NB: The Owners Corporation and its executive committee can still carry out its duties even if it has delegated them to a strata manager. As Secretary you should not be deliberately ‘left out of the loop’.

    Is the Chairperson taking over some of the role of the Secretary? If so then you might need to remind him that if he wishes to take on the functions of the Secretary then he can always step aside from his position as Chairperson and run for the position of Secretary.

    In contrast to the Chairperson’s functions, under the SSMA 2015 the Secretary’s functions are as follows:

    43 Functions of secretary of owners corporation

    The functions of a secretary of an owners corporation include the following:

    (a) to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting,

    (b) to give on behalf of the owners corporation and the strata committee of the owners corporation notices required to be given under this Act,

    (c) to maintain the strata roll,

    (d) to enable the inspection of documents on behalf of the owners corporation in accordance with this Act,

    (e) to answer communications addressed to the owners corporation,

    (f) to convene meetings of the strata committee and (apart from its first annual general meeting) of the owners corporation,

    (g) to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation,

    (h) any other functions conferred on the secretary under any other Act or law.

     

    The duty of the strata committee is as follows:

    37 Duty of members of strata committee

    It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence.

    Note : Section 260 provides protection from personal liability for members of strata committees who act in good faith.

    Issue 2 – Lack of strata committee meetings.

    Strata committee meetings are convened by the secretary of the OC at any time, or by any other member of the strata committee, if requested to do so by 1/3 of the members of the committee or by a previous resolution of the Strata Committee itself.

    Strata committee meetings are vital to the running of the scheme and it is arguable that the [s37] Duties of a strata committee are not being satisfactorily complied with if no strata committee meetings are being held.

    If you believe that your strata scheme would benefit from more regular meetings and you believe that the non-resident committee members would not be able to attend more frequent meetings then you could raise a Motion for the Agenda at your upcoming AGM allowing the non-resident committee members  to be present at the meeting without actually being physically present. This is permitted under the Act. See Sections 10 and 12 from this link: https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/sch2.html

    A suggestion for the wording of your Motion (i.e. your Resolution) is below, but check this with your strata manager:

    Resolution: “Permitted means of voting” and “person present”

    That any member of the strata committee be deemed to be a person present at a strata committee meeting in order to facilitate a quorum and in order to vote at a strata committee meeting if their attendance is via Skype, telephone, or via teleconferencing, or similar (SSMA 2015 Schedule 2). (Vote by Ordinary Resolution)

    Your Motion will need to be submitted prior to the AGM being sent out to owners, so do it quickly.

    How to convene a meeting is here:

    39 Convening meetings

    (1) The secretary of the owners corporation may convene a meeting of the strata committee at any time.

    (2) The secretary of the owners corporation, or any other member of the strata committee, must convene a meeting of the committee if requested to do so by at least one-third of the members of the committee.

    (3) The meeting must be held:

    (a) in the case of a large strata scheme, not later than 28 days after the request is made, or

    (b) in the case of any other strata scheme, not later than 14 days after the request is made.

    Issue 3: Balcony wall and ceiling cleaning. 

    You may obtain a quote for the washing of the balcony walls and ceilings and submit a Motion (i.e. a Resolution) to the next AGM to be voted on by an Ordinary Vote. If you need help wording the Motion then the strata manager should be able to assist you. Your Motion will need to be submitted prior to the AGM being sent out to owners, so do it quickly.

    Issue 4: Proxies to the Chairperson.

    Proxy voting rules have changed recently. Please ask your strata manager how many proxy votes are permitted in your scheme, and ensure that your Chairperson does not exceed the correct number.