› Flat Chat Strata Forum › Strata Committees › Remove a Strata Committee office bearer from their position › Current Page
Fleabits – of course all owners have to be made aware of proposed resolutions and resolutions that have been made, they are the owners – they have a right to be given notice of essential matters concerning their property. Schedules 1 and 2 of the Act sets out detailed requirements in relation to meetings of the OC and Strata Committee respectively, which includes giving notice to the owners.
Your statement that the OC doesn’t hold any general meetings is alarming. The Act requires:
– an annual general meeting must be held every financial year – section 18
– the agenda for an annual general meeting must include certain matters including adoption of the financials and election of the strata committee – Schedule 1, para 9
– other general meetings can be held to deal with specific matters requiring a resolution of the owners
– certain matters can only be approved by a general meeting of owners – e.g. legal services (section 103), works affecting common property (section 111), changes to by-laws (section 141), appointment of a strata manager.
If what you are saying is correct your scheme is in breach of the law in a number of respects. The Committee does not have a right to impose what is essentially a fine for holding a meeting which is required by the law (setting aside that the OC may ask an owner to pay costs of holding a meeting to deal with a matter specific to that owner).
You should be asking the Committee why they are not holding general meetings as required by the law, and why they believe that they can make decisions that are outside their powers. If that is what they are doing I suggest you have grounds for seeking removal of the Committee. Do you have a strata manager?