- This topic has 3 replies, 3 voices, and was last updated 9 years, 4 months ago by .
-
Topic
-
Can Tenants and Occupiers, attend an AGM, without the owner’s of the “Lot’s” permission? Can tenants+Occupiers. have voting rights at an AGM eg on stuff like proposed “Common-Property” renovations eg-car-park/or swimming pool?
Can Tenants/and Occupiers bring up issues to be tabled at the AGM, or are they restricted to the (OC) monthly meetings to table stuff or an Extraordinary general meeting that they would have to call.
-
Replies
-
The law doesn’t say whether non-owners can attend AGMs and EGMs. I guess if the OC is happy having non-owners present at general meetings, it would be fine, however it would be a decision of the OC. Non-owners can vote if they are a duly appointed proxy and hold a valid proxy form from an owner who is entitled to vote. No, tenants/occupiers do not have the right to add motions on the agenda, only owners who are financial and entitled to vote can submit motions for inclusion onto the agenda of general meetings.
The normal process for pursuing complaints of this kind is by approaching your landlord and asking them to solve the problem However, there are many circumstances under which this would not be appropriate or possible and tenants do have rights to take up issues at the Tribunal themselves.
Mostly these fall under section 138 of the Act to “resolve a dispute or complaint about an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme” and to resolve a dispute or complaint about “the operation, administration or management of a strata scheme under this Act.”
With that in mind, it is entirely appropriate, therefore, for tenants to write to the Owners Corporation and ask them to fulfil their obligations under the Act which include enforcement of their by-laws. It has, unfortunately, become common practice these days for executive committees to characterise noise complaints as disputes between neighbours and nothing to do with the Owners Corp. This is self-serving nonsense and should not be accepted either by owners or tenants.
If you are a tenant and you have a valid noise complaint against another resident, you are entitled to ask the EC to intervene directly. If they decline to do so you can apply to Fair Trading for mediation yourself. If you are feeling particularly bolshie, you can apply for mediation and possibly an order compelling the OC to take action.
Regarding meetings, if that’s the route you prefer to take, get an owner who is also affected or is aware of the issue to raise it.
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.
- You must be logged in to reply to this topic.