Re: Do we really have a Secretary

Thanks Jimmy,

In relation to the Minutes of the EC Meetings – please take  time to examine the text slowly:

It says that a meeting commenced (time given), had 10 attendees, and a chairperson (the Strata Mgr) and the meeting attendees (Lot owners) –  appointed a Spokesperson for the EC (who I add was a just re-elected EC member).

In the next sentence it says:  “No meeting was held on the day as there had been no previous meeting held therefore no minutes to confirm.” 

Then the meeting was closed:

I cannot reconcile that  “No meeting was held on  the day” is consistent with the statement immediately above that a meeting was held and a spokesperson for the EC nominated.     One statement in the minutes  contradicts the other.

As there was no Secretary/ Treasurer/ Chairperson election Motion according to the minutes to me no-one therefore was elected.  

You say:  “If the EC fails to do so, an owner can apply to NCAT (under Section 19 of the Act) to order the EC to hold a meeting to appoint someone into those roles.”   That is correct, however no one previously has read the minutes carefully & understood the implications / sought to do anything about it.

So this to me means automatically that the Sec/Treasurer/Chairperson for the Owners Corp (over the last 5 years) appears to have been the Strata Manager under delegation, as no EC member was elected to any of those positions.  – Is that also your view?

If so it reflects poorly on the Strata Manager in my view, as this person should have made sure the Election motion was put as per Section 16 . 

I understand that there are no records of Executive Committee Meeting minutes up to todays date, other than those following the AGM’s. something the Strata Manager should also have been on top of but clearly was not, and is a bag of worms.

In reality what happened in the past should probably stay there but being aware of the past issues will be useful for the AGM next week.

You asked about the details of the Strata Managers Contract. It is on a 30 day notice period after about 10 years. The current EC members do not want to change, and I am not sure if it would also pass as a Motion at an EGM or the AGM 1 year  from now (It is not currently an agenda item).

My thinking is to nominate that the Executive Committee have NIL members hoping to not get the Current EC members re-elected, leave the Strata Manager the affairs and leave time to gather support for a change of Strata Manager.

Hope this is clearer.