#18530
Jimmy-T
Keymaster

    @Paul H said:
    Of the members who approved the request: One has said she will not attend, one is overseas, one is claiming that the EC has already decided

    That leaves two men standing and both of us oppose the request. It seems that the EC meeting will lapse again for lack of a quorum. What can I do?

    Firstly, tell the strata manager to write to the floor applicant IMMEDIATELY telling them that they definitely do not have approval for the floor as a properly convened meeting of the EC has not been held.  There should also be a polite warning not to proceed with the flooring as they may be required to replace it should approval not be forthcoming.

    The letter should explain that the meeting has to have a quorum of owners and it must also allow non-EC members to attend so they can hear what is being discussed.  This letter must be sent out as a matter of urgency and copied to all EC members.

    You could also write to the owner concerned and urge them to ask their supporters to attend the meeting, so at least a proper decision can be taken.

    If the other EC members refuse, you could call a general meeting and sack the wilfully non-attending EC members (you will need 75 percent of owners to support you but proxies will count towards your quorum so get harvesting).  The argument I would use is that these three EC members have put the Owners Corp in a position that could be very costly in legal and other fees by going “off the reservation” and giving approval they weren’t entitled to give.  Even worse, two of them are refusing to make things right by attending a meeting.

    You don’t need to fill the vacancies immediately – you can do that as and when people put themselves up for election – and at the next AGM reduce the size of the EC to three (which is adequate for a building like yours)

    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.