It appears that in addition to the SC Chairperson acting ultra vires, there are issues with SC transparency at FrustratedLNS’s scheme.
These are easily fixed. May I suggest that FrustratedLNS nominates for a committee position at the next AGM so as to be ‘in the loop’.
May I also suggest the following procedures be worked through to tighten the ‘informal’ workings of the current SC:
(1) FrustratedLNS raises a Motion at the next AGM which deals with the issue of SC spending limits. The OC at a General Meeting Motion grant the SC a maximum spending limit. The amount should be dependent on the number of Lots in the scheme. Common property plant pruning may then fit within the SC spending limit. If not then the matter would need to be decided at a General Meeting.
(2) The SC could then approve common property pruning at either an SC meeting or outside of an SC meeting via email etc (if this is permitted at the scheme). To vote outside of a committee meeting the SC may pass a resolution to adopt any of the following means of voting by the committee:
- voting by teleconference, video-conferencing, email or other electronic means by a member while participating in a meeting from a remote location, or
- voting by email or other technological means before the meeting at which the matter is to be determined by the committee. This can include accessing a voting website or even a Facebook page. This form of voting cannot be used for the election of officers of the strata committee.
Unlike general meetings, the strata committee can vote on a motion even though a meeting was not held, if the committee votes in writing. For this to be a valid vote, the correct procedure for giving notice of the meeting must have been followed and a copy of the motion to be voted on should be given to each committee member.
The motion is approved if the majority of strata committee members, other than any tenant member, approve the passing of the motion in writing.
(3) Any SC decisions made outside of an SC meeting would need to be Minuted at the next SC meeting for transparency. It is a requirement that the SC keep a record of all decisions. The minutes must include details of all resolutions passed, including those considered without holding a meeting.