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  • #11469
    Enough of Strata
    Flatchatter

      Below is the motion on the Agenda for an AGM on 29/11/17 for a Strata Scheme I am a Lot owner in.

      Motion #

      That as per the terms of Schedule 3(4) of the Strata Schemes Management Act 2015, the Owners Corporation review the By-Laws of the Strata Scheme.

      The owners Corporation are to choose either option A or B in By-Laws 5 & 9.

      This relates to the review before 30/11/20017 of the Strata By-Laws:

      This Strata Scheme was established in 1974, and when the 2015 SSMgt Act was introduced, would have had all its By-Laws updated as per Schedule 2 of the SSMgt Regulations 2016 – “By-Laws for Pre 1996 Strata Schemes”.

      It would appear to me that the Strata Manager has assumed the “Model By-Laws for Residential Strata Schemes” – “Schedule 3”, are the current By-Laws that are in force, which I consider incorrect, based on it being established in 1974.

      No document identifying By-Laws 5 & 9 were attached with the Agenda notice, and so few Lot owners would have any idea what was being referred to.

      I contacted the Strata manger and tried to point out the above but got no where, on the matter.

      My question is how best to deal with the matter at the AGM as:

      By-Law 5 under Schedule 3 refers to “Keeping of Animals”, however “Keeping of Animals” under By-Law Schedule 2 is By-Law 16, and if passed would conflict and be unlikely to be registered.

      By-Law 9 under Schedule 3 refers to “Smoke Penetration” – and is not dealt with under Schedule 2, and would not conflict if passed.

      While I consider the Motion should be deemed “out of order” and should not be put, as no supporting information was provided, Lot owners who would vote by Proxy would be voting blind.

      Does anyone have a suggestion for an appropriate way to handle this matter at the meeting.

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    • #28747
      scotlandx
      Strataguru

        It took me a while to work this out.

        Write a formal letter to the Strata Manager noting the following:

        – the proposed motion for the AGM

        – that the motion is legally incorrect, and that the by-laws are those under Schedule 2

        – that therefore in its current form the motion is out of order and must be withdrawn

        – in any event, the owners have not been given sufficient information on which to vote, as the proposed by-laws have not been provided to the owners

        You could look at amending the motion at the meeting to the correct by-laws, but it is a concern that the owners haven’t even been given the by-laws to consider.  I wouldn’t worry too much about the timing, you can always say in the minutes that the owners have considered the by-laws.

        #28748
        Sir Humphrey
        Strataguru

          @scotlandx said:
          …I wouldn’t worry too much about the timing, you can always say in the minutes that the owners have considered the by-laws.  

          I also would not worry to much about the timing. The minutes could record (more accurately) that the OC was trying to review the by-laws but relevant motions had to be deferred due to the managing agent failing to provide sufficient supporting information. It would be clear to anyone who cared to inspect the record that the OC was trying to do the right thing and only frustrated by a slack manager. 

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