#18331
Whale
Flatchatter

    Jan – first of all, a Resolution made by owners at a General Meeting cannot be revoked by its Executive Committee (E/C); so that decision was illegal.

    Secondly, whilst the E/C can resolve to obtain legal advice that decision has to be made by way of a properly conducted vote at a Meeting, with Minutes – not merely by “discussions”, and only then if the estimated cost of that advice as tabled at the Meeting is no greater than an amount equivalent to the lesser of $1,000 per Lot in the Plan or $12,500.

    Thirdly, the 30% of owners who have written to the Strata Manager can object to the E/C’s decision, but I’d suggest that on the basis if what your previous posts have mentioned about your current Strata Manager, that request won’t go anywhere.

    So if the lot unit entitlement of those owners’ properties represents ≥25% of the aggregate unit entitlements for your Plan (and I’m guessing that would be the case), then those same owners should immediately prepare and individually sign a letter to the E/C Secretary (cc the Strata Manager) stating that they require a General Meeting to be convened without delay under the provisions of Sch.2,Cl.31(3) of the NSW Strata Schemes Management Act (1996). That letter should include the wording of the Motions that those owners want resolved; that is on the legal advice matter and on anything else.

    This statement probably won’t help, but I must say that you really seem to have a dysfunctional Plan and an ill-informed Strata Manager who’s clearly forgotten that he/she’s working for you and the other owners! He/she needs a wake-up call, so maybe changing Strata Managers should be another Motion for that General Meeting to consider.

    What’s been the progress with mediation since the granting of those Interim Orders?