@Larry said:
… re refusal to include submitted Motions on Agenda, is there specific reference in the Act or its Regulations that specifically states a Secretary has no (legal?) authority to exclude the Motions?
There is nothing that I can find to that effect. The secretary is expected to adhere to the basic principles of Section 37 of the Act, namely: “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.”
Re minute taking at Committee meetings where Strata Manager is not in attendance, can Committee members vote at start of meeting, or can Chairperson decide, who is to take Minutes?
If there is any anticipated dispute over the minutes the chairman can nominate someone – anyone – to take minutes and then ensure they are incorporated in the final minutes. To make them the official minutes, they should propose a motion at the beginning of the meeting that the minutes will be taken by a nominated minute-taker.
Or is the taking of minutes an automatic function of the Secretary only? And again, any specific legal reference in Act or regulations for the above?
No and no. Section 43 (a) says this: “The functions of a secretary of an owners corporation include the following … 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.”
Not the use of the word “prepare” rather than “record”. It is significant The secretary’s job is to prepare minutes that reflect the decisions and discussion of the meeting. These note could come from a variety of sources. If their minutes don’t reflect the previous meeting, you don’t accept them at the next one.
Can I just say, once again, that you appear to be nibbling round the edges of this problem, which could be quite serious.
If the secretary isn’t doing what the majority of the committee wants, then just vote to declare the position open and appoint someone else. You can’t sack him or her from the committee that easily, but you can remove them from office. Personally, I would be inviting them to resign rather than face the humiliation of being sacked.