#27014
Lady Penelope
Strataguru

    Replacing a kitchen cabinet would not be a matter that gets decided by the SC. Replacing a kitchen cabinet would be deemed to be a Minor Renovation. 

    From the NSW Fair Trading site:

    You need approval before doing any minor renovations. An owner must get the owners corporation to approve these renovations by general resolution (over 50% of votes in favour).

    Minor renovations include:

    • renovating a kitchen
    • changing recessed light fittings
    • installing or replacing wood or other hard floors
    • changing internal walls
    • sustainability measures (such as a clothesline or reverse cycle air conditioner). However, these cannot involve changing the outside appearance of a lot or structural changes.

    The approval process may need the owner to give details of the work. This may include:

    • any plans of the work
    • when the work will be carried out (times and dates)
    • qualifications and details of the tradespeople who will do the work.

    Ask your SM why the Motion was left out of the EGM. Put the SM and the Secretary ‘on the spot’ at the EGM. Also get their response in writing in case you need to take this matter further.

    If you do not get a satisfactory answer and you submitted your Motion within the required time frame prior to the EGM (i.e. prior to Notice of the EGM) and did all that was necessary then I would demand that the SC convene another EGM to deal with your Motion as soon as possible at the OC expense.

    Motions that have been correctly submitted by Owners cannot be deliberately left off an Agenda. The Secretary has wasted the OC’s money if he failed to include your properly submitted Motion and another EGM is required to be convened.

    Motions must be on the General Meeting Agenda. A Motion not on an General Meeting Agenda cannot be voted upon. This is different from an ordinary Strata Committee meeting. 

    See SSMA 2015 Schedule 1: 

    https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/sch1.html