@Whale said:
Costa – Schedule 3 of the NSW Strata Schemes Management Act prescribes how Executive Committees must function, and Clauses 6 & 12 set-out the requirements for Meeting Agendas and Minutes.So there’s no need for you to compel your Committee to provide evidence of the above because neither is discretionary, and as you would know from responses to your previous posts Sect 108 enables you to inspect Agendas, Minutes, and indeed any other records of the Owners Corporation.
On a more general note, whilst I can appreciate why Committees may choose not to formally meet to consider every single matter that’s been raised by an Owner and to instead group those together for periodical consideration at properly convened Meetings, I must say that the longer I read and respond to posts on this Forum the more accustomed, but not accepting, I’ve become to the fact that many, many Plans are managed on the basis of a wink and a nod, and too often with little adherence to the provisions of the Act.
In my experience that always works well until the wheels fall off!
Hi Whale,
I just wanted to get some clarification from you regarding your comment that “neither is discretionary”… if say an owner has not received notices or agendas, as well minutes or motions passed at a meeting and the Executive Committee go ahead and instruct the strata / building managers to do something without the knowledge of the other owners… are you saying that they are not valid?
I ask because of the issues with my balcony, it seems there is nothing ‘written’ down on the schemes records (s108) or the costs disclosure from the lawyer who had ‘allegedly’ been engaged at the time (almost 5 years ago)! There was a claim that s65a allowed them to change my balcony (which is privately owned, not common property) and they done this when no one was home (my EC knew we would be at work) which is even more disturbing! Is that what you mean about the wheels falling off?
I understand clause 6 & 12 are both mandatory, but is the onus on my EC to prove it was complied with… which would be impossible without a flex capacitor and a delorean?
Also, thanks for all your advice. I hope you’re well (and Jimmy et al) and selling down for the holidays. Have a great Xmas and New Year too.
Thom