- This topic has 5 replies, 2 voices, and was last updated 10 years ago by .
-
Topic
-
We live over 20 years in the same building. I and my husband are attending the AGM’s on regular basis.
We are block of 8 units.
Since 3 years when a new owner moved in, lots of problems started. Last Monday we had our AGM and all owners were present. Beginning of the meeting this owner asked the strata manager (Chair) not to allow my husband to speak, because he is not a registered owner of our unit. This was never a problem for the last 20 years, my husband could always speak. For our new strata manager ( 2 years), it was not a problem at the previous AGM, but at this AGM, because we and some other owners had and still have some discrepancies with him and the owner, it was. The strata manager followed the one owner’s request and didn’t allow my husband to speak for the entire meeting.
The next day I called the CTTT and asked, if what the strata manager did, was correct. The advice I got, was, my husband could speak, with the permission of the Chair (strata manager).
When I called the strata manager and informed him what the CTTT said, his answer was, I received a wrong information.
Could somebody advise me, if what the strata manager did, was correct.
Alinka
-
Replies
-
I think that both the Owner and your Strata Manager may be confusing the procedures for Executive Committee Meetings, where non-members including Owners cannot participate without the agreement of the Committee, with those for General Meetings – because so far as I’m aware there’s nothing prescribed in the NSW Strata Schemes Management Act (1996) that would prevent your husband from speaking (but not voting) during the proceedings of a General Meeting.
Whilst the Strata Manager (Chair) would certainly be able to rule your husband out-of-order if his comments were in their opinion obstructing the procedures of the Meeting, there’s nothing to prevent his reasoned participation, so if the latter was the case then I believe that what your unfriendly Owner requested and your Strata Manager agreed to was incorrect.
You could of course grant your Proxy to your husband for the next General Meeting if you feel that he can better express your jointly held views.
Alinka – of course your AGM was legal, but I still think that your Strata Manager is confusing the requirements for Executive Committee Meetings with those for General Meetings where, common courtesy aside, there’s no requirement for those in attendance (ie the O/C) to formally agree to your husband speaking.
All things considered, I’m inclined to agree with your Strata Manager’s assessment that the matter is not all that important in the overall scheme of things, and so minuting that you husband wasn’t permitted to speak is not worth persuing in my opinion.
As I suggested, if your husband is better able to express your joint opinions on matters to do with the management of your Plan, then grant him your proxy and he can speak to his hearts content.
- You must be logged in to reply to this topic.