#17148
Whale
Flatchatter

    AmazedOwner – firstly, I’m amazed too!

    alley cat’s advice is correct, in that the Executive Committee (E/C) cannot overrule a decision of the Owners Corporation (O/C) who, no matter what the circumstances, remains the “principal manager”.

    It would appear from the information you’ve provided that the E/C has been half-smart, by convening a Meeting to consider and then approve a slightly changed tender.

    I use the term “half-smart” as whilst any Motion placed on the Agenda for a General Meeting can be amended by those present at the Meeting prior to a vote being taken provided the prime intent and/or the objective of the original Motion is not changed, your E/C acted illegally when it alone considered and approved a Motion on a slightly altered tender having the same intent and/or objective as the original Motion that the O/C had itself already resolved not to approve.

    So in summary, NO the E/C definitely cannot overrule a decision of the O/C and in my opinion it cannot circumvent that decision by determining a Motion differently at its level, that has the same intent and/or objective as the original Motion.

    Mine’s a lay person’s opinion, so I’d strongly suggest that you quickly obtain some professional advice from a Specialist Strata Law Firm such as the one who advertises on this Forum’s Homepage, particularly about what can be done to rescind the Building Management Contract. 

    Whatever that advice recommends, I’d also suggest that at the next General Meeting of the O/C it resolves to invoke the Provision of the Legislation that limits the power of the E/C, in this instance to appoint a Building Manager; in NSW that’s Sh2 Cl 34(g) of the Strata Schemes Management Act (1996).