#18719
Jimmy-T
Keymaster


    @Whale
    said:
    … a new owner she can’t vote unless the Owners Corporation receives a Notice under S118 of the NSW Strata Schemes Management Act (1996) prior to the commencement of the General Meeting

    As I said that’s my “take”, but what do you all think?

    I think you’re covered by section 118.  Basically, it says that in cases like this, if someone wants to vote at the general meeting, they have to establish the grounds on which they have that right in a statutory declaration before the meeting.

    And you can preempt that by asking them to provide proof that they are entitled to do so and if they don’t withing 14 days, you can reject their votes.

    And that’s your real dilemma.  Do you wait till the meeting then aske them to show proof that they are entitled to vote (and endure the shouting match that ensues when they don’t) or do you agive them 14 days notice to do so and invoke sub-section 5 when they don’t.  Here’s what the Act says

    118   Notice to be given to owners corporation of right to cast vote at meeting

    (1) Person with right to vote at meetings must notify owners corporation

    A person who has an interest in a lot that, subject to this Act, gives the person a right to cast a vote either personally or by nominee at meetings of the owners corporation must notify the owners corporation in writing of that interest.

    AND

    (3) Other matters to be specified in notice

    The notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest:

    (a)  the interest is that of the executor or administrator of the estate of a deceased person …

    OR

    (4) Owners corporation may require notice to be given

    The secretary of the owners corporation, if of the opinion that a person obliged to give notice under this section has not done so, may by a requisition in writing served on the person, require the person:

    (a)  to state, within 14 days, whether or not the person is a person required to give notice under this section, and
    (b)  if the person is such a person, to give that notice.

    (5) Person prevented from casting vote if certain requirements not met

    A person is not entitled to cast a vote at a meeting of the owners corporation if the person has not complied with a requisition served on the person under subsection (4)  …

    Of course, I’m not a lawyer so this might all be completely wrong.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.