#22235
Whale
Flatchatter

    Felix – the NSW Strata Schemes Management Act (SCMA) is silent on the conducting of Executive Committee Meetings electronically, but in any case a Notice of the Meeting and an Agenda should have been provided to all Owners at least 72 hours in advance, and if the work as now completed comprised any change, alteration, or addition to the Common Property then the Executive Committee (E/C) didn’t have the authority to grant consent to those, as under Sect 65A of the SCMA the consent of the Owners Corporation (O/C) is required by way of a special resolution at a General Meeting.

    Even though in the situation that you describe the Meeting of your E/C was improperly convened and its decision also improper, that decision is still regarded as being one of the O/C (albeit also improper), and so could be invalidated by an Adjudicator of the NSW Civil and Administrative Tribunal (NCAT).

    Problem is the work’s already completed, so any decision now taken to invalidate the E/C’s decision and to thereby require the Common Property to be returned to its original state would depend upon what’s been done; perhaps you could elaborate.