#23459
Whale
Flatchatter

    Winston – clearly your Executive Committee’s actions are contrary to Schedule 3 of the NSW Strata Schemes Management Act (the Act), and particularly with regard to the entirety of Part 2, so if you can’t bring them to heel at the next General Meeting with the assistance of like-minded Owners, then you alone have the option to have the matterĀ mediated and if necessary adjudicated under Sect 138 (i.e. not holding meeting in accordance with the Act).

    As a less-favoured alternative, if you and any like-minded Owners feel strongly about the actions of your Executive Committee member/s, then you could yourselves initiate legal action against any of those as individuals.

    I’m neither a legal nor insurance expert, but to the best of my knowledge your Owners Corporation would not be able to pay (using owner’s funds) for any action initiated in that way, and whilst its Office Bearers Liability Policy would cover members’ legal costs and settle any claim negotiated by the Insurer up to the maximum amount specified in the Policy, the latter would not apply if any dishonest, fraudulent, criminal, or malicious act or omission of the member/s (including those involving self-interest) was proven. Perhaps you should make your Members aware of that!