#23805
alinka
Flatchatter
Chat-starter

    Hello Jimmy
    Would you be kind enough to advice me on following.

    Can the EC without conducting an ECM decide, if a lawyer can be present at an EGM to advice the OC (actually the EC) and be paid from the OC funds?

    At the last EGM, approx. 10 days ago a lawyer attended the meeting. Before the EGM two quotes were emailed to the OC by one of the EC members who wants his balustrade to be replaced. They still are arguing if standard or special resolution should apply.
    One of the quotes specifically pointed out that before the attendance at the forthcoming EGM, an ECM must be conducted where 1/3 can opposed to it alternatively it needs to be decided at a GM.

    The EC has a spending limit of $2500.00 (day to day issues), the quotes were around $1400.00.
    Even if it is in their spending limit, was the EC not obliged to call an ECM, where this should be discussed, eventually voted down?

    Before the EGM I wrote to the strata manager and to the EC that in case a lawyer will attend the EGM without prior OC approval (without conducting an ECM) the person/s who will invite the lawyer, should pay for it.
    Because the ECM was not called and the lawyer attended the EGM,we (opponents) assumed that he was invited privately.

    When I looked at our strata finances few days ago, I noticed that approx.$1300.00 was deducted from our admin fund for legal fees. I asked our strata manager what this figure is for and received following answer,
    “I was able to arrange this under my delegation but I consulted with the EC first.”

    Can the strata manager do it and what kind of answer is it? He knew that the ECM was not called and he arranged the solicitor, but as excuse, he writes, the EC was consulted!!! 
    I should mention that the strata manager is supporting the owners who want to have their balustrades replaced and who at the same time are also members of the EC.

    Could you please advice what can be done, so the money can be credited back to the OC funds and who ever organised it will be responsible for the charges.

    Alinka