#27912
Jimmy-T
Keymaster

    She can threaten all she wants – let her.  If she can’t attend a meeting without bringing a proxy with her, and then can’t conduct herself reasonably when she does attend, I don’t fancy her chances at NCAT.

    She doesn’t have much of a case anyway.  She was invited to leave to compose herself before she got into further trouble – but even in the unlikely event that she could have run a case for being denied her right to be at the meeting she had her proxy there to make sure she didn’t miss anything.  If both she and her proxy left, that was their decision.

    Owners have the right to attend meetings but they don’t have the right to constantly disrupt them to pursue their own agenda.

    Perhaps next time you could have the Standing Orders adopted as a by-law then send her a Notice To Comply so that any further disruption can lead to her being fined.

    You could raise the issue for mediation at Fair Trading with a view to seeking orders at NCAT (under  Section 232)  that this owner agrees not to disrupt meetings and to only send a proxy to vote on her behalf when she is not there to do so herself.  She will probably ignore the mediation but that’s an obligatory first step. The penalties for breaching NCAT orders are pretty severe.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.