#24485
Whale
Flatchatter

    Millie – in the first instance, unless your Strata Managing Agent is an Owner, or they were nominated for membership of the Executive Committee (E/C) by an Owner who was not themselves a candidate for membership, and in either circumstance then duly elected as a member of the E/C at the last Annual General Meeting, then whilst the Owners Corporation may have delegated the duties of Secretary to them in its current Strata Management Agency Agreement, they do not hold membership of the E/C and cannot vote unless in an “acting” capacity for an absent member.

    All that said, the Strata Manager is correct to the extent that whilst the Act does require the production and distribution of  “accurate minutes” of decisions taken at E/C meetings, there’s nothing specifically prescribed there in terms of what motions must be included in the agenda and be therefore minuted.

    It seems to me that the Strata Manager has at least acceded to the owners’ request about the previous minutes being confirmed by placing a motion to that effect on the agenda for the next meeting, and that at least provides you and other owners with the opportunity to attend and, with permission, to have your say on that motion and to raise why you oppose it and what you’d like to see in future in terms of compliance with the Sch.3 of the Act.

    I’d be interested to know what your E/C is “manipulating”, but as there’s no agenda with motions for owners to in advance oppose (as >30% can), you need to rely on General Meetings where the Owners Corporation has the ability to both change the membership of its E/C and to impose some limitations on what decisions it can (and cannot) autonomously make.

    There is of course an opportunity to involve NSW Dept. of Fair Trading and the N.C.A.T. but given the hit-and-miss advice/decisions that arise in those, I’d resort to lobbying support from other owners to attend the next E/C and O/C Meetings respectively in an effort to turn things around.