› Flat Chat Strata Forum › Strata Committees › Notice of EGM wrong wording could be misleading to prospective buyers › Current Page
Yes, you can put up a motion for inclusion in a notice of meeting which can say anything. A couple of things:
– that doesn’t necessarily mean that it has to be included in the meeting agenda. There was a recent case that held that there is no obligation to include something that is essentially a recitation of grievances for example.
– if the CTTT didn’t order that something be done, then the motion is misleading to that extent. I wouldn’t be so worried about a prospective buyer as I would about the owners who are voting on the motion. It raises the question if the resolution is then passed, as to whether the resolution is valid (because the information contained in the resolution was incorrect) It may be that the resolution would have been passed anyway, but that turns on each circumstance.
In this case I think the strata manager and the EC member are pushing the boundaries – they are both in a position to know that the resolution/notice on its face is misleading. That raises questions about their conduct. In the case of the strata manager, they put the agenda together and review all the motions, so I would expect if they came across something that was wrong in terms of facts stated, that they would draw that to the attention of the person putting up the motion.
That leaves the question of the EC member and why they would do that. You are in a better position to know that.