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JimmyT said:
Just one more thing – Horsley is an optional (but very sound) set of rules to follow, isn't it?
Could an OC pass a by-law saying that all meetings have to be conducted by Horsley's rules (except where they conflict with Strata Law).
Would sound like a big step forward for a lot of dysfunctional ECs and OCs to me … but then, how do you get them to pass the by-law?.
A lot of Horsley relates to procedures developed through common law and Horsley quotes the cases so it is very solid. Horsley notes where there are contradicting cases and the law remains unclear but Horsley always says to be aware of statutory requirements because statute can negate some common law aspects of a meeting. So an understanding of the strata requirements is important to have before reading Horsley (SSMA Sch 2 and 3 particularly)
Horsley has a lot of depth; to ask Joe average to read it, comprehend it and action it is a big ask.
A Horsley meeting would be civilized meeting which is not a wide spread trait of strata meetings so it would mean some significant change for a lot of people and people do not like radical change.
We have a code of conduct for meetings but those who push it hardest are those who breach it most. The AGM used to have motionĀ “That the meeting adopts the code of conduct for the meeting … blah blah blah.
The motion has disappeared in recent years because the AGM still misbehaved after passing the motion.
I think the idea is great but unrealistic. For example if my SP had such a by-law it would be virtually unenforceable on some people and enforced at the drop of hat on others. We have huge issues with the selective enforcement of by-laws.
If an OC feels they could pass and enforce such a by-law then they would, no doubt, benefit from it. Any such by-law would involve procedures and rules and would be quite an extensive by-law so it would be very difficult to draft and could take years of amending to refine.
If the Chair (and his/her assistants) of a meeting was familiar with Horsley then it would be a great start especially if the Chair maintained control of the meeting and set the basic “rules” at the beginning of the meeting. Perhaps a simple cover page on the AGM agenda outlining how the meeting will be conducted (according to Horsley) would be good.
Just having a copy at meetings so it could be refered to would be a start.
Horsley is a real eye opener given the typical strata meeting is stereotyped as a hostile environment. Educating people in the ways of Horsley would have the same problems as educating people in the ways of the Act.
Any SP who can get just one owner to read it would benefit – as long as other owners were prepared to listen. It is in most libraries.
I use it as a reference when the Act is silent and i need something substantial for CTTT applications regarding failures in meetings. Adjudicators and Member may not be bound by other CTTT decisions but good solid case law makes them think twice before having a brain explosion.