#27360
Jimmy-T
Keymaster

    @supersleuth said:
    I wish to place a motion on our upcoming AGM for the removal of our strata committee.  I understand that this needs to be done by a special resolution. 

    You don’t need a special resolution at an AGM.  The strata committee’s term ends at the AGM and a new one has to be elected.

    Now, we know that in practice this often means the same people stand year after year and use their privileged access to internal communications to make sure no one else gets a look-in.

    But there will be a motion on the agenda to decide the number of seats on the committee and another calling for nominations.

    What you need to do is make sure that you have enough support before the meeting to make sure you and your alternatives get elected.

    You should also be prepared to challenge all other nominations if you believe they are not valid, for instance, if the people nominating them are not up to date with their levies, or if co-owners are self-nominating, or if one owner is nominating more than one person.

    Some quiet preparation should catch the incumbents on the wrong foot but you need to read up on the Strata Schemes Management Act 2015 (just Google it) and be prepared to quote chapter and verse if need be.

    The good news is that because you don’t need a special resolution, just a simple majority will get you over the line.

    However, if you want to raise the competence of the committee through a motion of at the AGM, keep it fact-based and not about personalities.  Propose a “please explain” motion (e.g. Why are we paying so much for cleaning when the lobbies are filthy? or Review the contracts with our cleaners to ensure we get better service and improved value for money).

    That will allow you to open up all the issues that have led you to wanting to sack your executive committee.

    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.