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  • #7929

    I have recently purchased a strata block of 6 units, 3 of which are owner occupied.  The EC currently consists of 2 members one of whom holds all three positions of secretary, treasurer and chair.  This person has all the characteristics you described in 'How to deal with EC crazies' .  Prior to my purchase of the property she held an EC committee meeting with herself and passed a motion to serve a Notice to Comply on the previous owners of my lot.  Can she do this? It appears that she is well known at the CTTT having at lodged at least 5 issues within the past 5 years with them. She is contantly proposing special by laws, calling meetings at times that are convenient only to her and they are held off site.  How does one deal with a person like this?

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  • #14802
    Sir Humphrey
    Strataguru

      You and one other owner on the EC would outvote this person. 

      #14803
      Whale
      Flatchatter

        Your Executive Committee (EC) can authorise the issuing of a “Notice to Comply”, and as that EC only comprises two (2) members, the Secretary/Treasurer/Chair can form a Quorum on her own at the Meeting.

        What can you do?

        Well, as the EC Secretary is required to provide all Owners with an Agenda for each EC Meeting, you and/or the other Resident Owners should attend, ask to address the Meeting, and voice your opinions about what’s being proposed.

        If you’re unable or unwilling to attend, any number of Owners whose combined units-of-entitlement (UOE) exceeds 1/3 of the total UOE for your Plan can write to the EC Secretary in advance of the EC Meeting and oppose whatever item/s you choose to on the Agenda. That prevents any decision being taken by the EC with regard to those item/s.

        As yours is only a 6 Unit Plan, it’s likely that as few as three (3) Owners could use this mechanism (responsibly) to effectively veto any EC decisions being made on items that you collectively oppose — and furthermore, the EC cannot resolve to make Special By-Laws; that is a decision for the Owners Corporation at a General Meeting, and only then when no more than 25% of Owners oppose the Motion.

        Hope this assists you to manage the “EC Crazies”; there’s always a way where there’s enough like-minded Owners to collectively oppose such attitudes.  

        #14808
        scotlandx
        Strataguru

          She sounds like a nightmare.  Has proper notice of the EC meetings been given?  Whale is right – when notice is given owners with entitlements exceeding 1/3 can oppose any motion before the meeting is held/decision is made.

           

          At the next AGM make sure you attend and that you and at least one other owner nominates for the EC.  If you can't attend you can nominate in writing.  Set the membership of the EC at 3, that way she won't be able to unilaterally make decisions, even numbers are not a good idea on the EC.  If that is not possible for whatever reason, you could consider limiting the decisions that can be made by the EC, which is a standard resolution at the AGM.  Of course that can limit the EC's operation but you can be creative.  For example, it could provide that applications can't be lodged with the CTTT without a certain vote of the EC, i.e. more than 1.  CTTT applications cost money!

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