#21690
Jimmy-T
Keymaster

    this is a shot across your Strata Manager’s bows.  You are telling them that you know the law.

    If they go ahead with the meeting and the motions aren’t presented as special resolutions, and noted as such in the agenda, you could:

    a) apply to the chairman at the meeting to have them struck off the agenda as being incompetent

    b) before the meeting apply to NCAT for an interim order that they not be considered

    c) if the meeting has gone ahead and the motions passed on a simple majority vote, apply to NCAT for an interim order to prevent the work going ahead.

    I strongly feel that you are getting very close to the point (if you haven’t already passed it) where you need proper professional advice from a specialist strata lawyer. On that basis, I am closing this correspondence unless someone has something new to bring to the table.

    Division 3:

    35   Forms of motions

    (2)  The notice [of a General meeting] must clearly indicate which motions require a special resolution for their passage and which motions require a unanimous resolution for their passage.

    (3)  A motion must not be submitted at a general meeting unless notice of the motion has been given in accordance with this clause …

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.