› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Should I seek an NCAT Order to stop a General Meeting close to Christmas? › Current Page
Our OC once had a proposal for some substantial works which were to be put to a general meeting. We gave more than the minimum notice and it was not close to christmas but otherwise, the person who objected characterised our situation almost exactly as you have. I was on the EC so on the ‘other side’ of a closely similar situation. The objector applied to the ACAT (we are in the ACT) for an order to halt the meeting. An urgent hearing was called. She could show no procedural defect so the tribunal ordered that the meeting go ahead. Having gone ahead, if the vote went against the objector, she could go to the tribunal seeking an order deeming the motion to have failed on grounds that it was unreasonable for it to have passed. IE a merits review. The tribunal took the view that the motions should be put to a meeting since it was possible that the owners themselves would decide that the motion should not be supported. Alternatively, the motion might pass with such strong support that the opponents would be convinced that this was the wish of the owners. IE the tribunal took the view that it should not preempt the democratic process.