› Flat Chat Strata Forum › The Professionals › SCs and strata managers › Bully Strata Manager › Current Page
If the SM contract was extended via a Motion at the last AGM, and the majority of those who voted were in favour of the Motion then the Motion was valid.
The Secretary being unfinancial probably would not have impacted the outcome of the vote on the Motion at the AGM unless the vote tally was very close. It doesn’t appear that the vote tally was close.
Do you have proof that the Secretary was unfinancial at the date of signing the contract? I don’t know much about Contract Law so can’t comment on the validity of the SM contract and the Secretary’s signature. My “gut’ feeling is that it probably wouldn’t make much difference under the circumstances.
You could take the matter to the Tribunal, but Tribunals are generally relatively lenient towards ‘innocent’ and unintentional mistakes.
If the Secretary is frequently unfinancial then they cannot vote at a committee meeting under the following circumstance: if they are an unfinancial owner of a lot in the strata scheme when the notice of meeting was given and the amounts owed by them were not paid before the meeting.
It appears to me that you are stuck with the SM until their contract expires or unless they breach their contract.
If you don’t believe that you can work with the SM then you can resign your position as chairperson and revert to being an ordinary member with no executive duties. Or you could ask the Secretary to swap positions with you and you become the Secretary …. that way you should always have an input into Agendas etc.
Incidentally, the Secretary is generally the only committee member with the authority to call a committee meeting. Calling a meeting is not the Chairperson’s role. The situation changes when at least one third of the committee wants to call a meeting.