Flat Chat Strata Forum Strata Committees EGM Current Page

#22188
alinka
Flatchatter
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    @Jimmyt53 said:
    Under section 138 (2) of the Act, if an application is made to the committee to fulfill its duties and it fails to do so within two months (or refuses to do so) any “interested party” can make an application for an order at NCAT requiring them to do so.

    We don’t have a problem with the secretary, but with our strata manager, who in my opinion should have postpone the meeting to the AGM, 3 month away, especially knowing it was not an emergency. The resolutions were dismissed, because it was not stated on the agenda that special resolutions are required.
    Only who was profiting from this whole circus was the strata manager. After a disastrous meeting he deducted our admin fund with a substantial amount.
    The EC and the secretary were left out of the situation completely.

    In my opinion the proper way to handle the situation would be to advice the applicants to wait with their motions until the AGM ( 3 months away).
    It was not an emergency, the reports clearly stated no faults identified. The two applicants only wanted to push their issues through to get new balustrades and the strata manager supported them in it, even stubbornly stating, standard resolutions are sufficient. Only 9 days before the EGM, the strata manager admitted that special resolutions are required, but he couldn’t change the agenda, because it was already sent out to the owners.