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Hi,
This is the situation our EC faced for our Feb 2016 AGM:
The Strata Manager placed on the Agenda a Motion to renew their Management Agreement for 5 Years (to get in before the 1/7/2016 rules limiting to 3 years). The current agreement had 1 year to run (expired Feb 2017).
(For Information: The previous year’s AGM had same motion on the Agenda (then 2 years to run on the current agreement – and was voted it down)
Part of the Motion stated that that the Agreement was attached (with the agenda)- IT WAS NOT.
I spoke with another Strata Management company who confirmed that the Motion “could not be Put” as it was “OUT OF ORDER”.
At the AG meeting a relief Strata Manager was advised motion was out of order, and there was no vote taken.
5 Weeks after the AGM the minutes arrive, recording several motions being “Deferred”, however ONE Motion had actually been voted on and CONFIRMED, with the remainder being deferred.
The new 5 Yr Management Agreement Motion was recorded as DEFEATED.
Members of the new Executive Committee discussed the matter, and being unsatisfied, asked the Secretary to write to the Strata Manager, pointing out that that One of the Motions classified as Deferred was actually Carried, and the Motion about the Agreement renewal should have been recorded as being out of order as no agreement documents were attached as stated in the Motion. They wanted the Minutes amended and distributed, choosing not to wait until the next AGM to note the error.
Additionally, also included was a request that the Minutes actually be recorded in the Minute Book, per the standard First Agenda wording, relating to confirmation of previous AGM Minutes.
This was a result of the EC finding out that an internal change in procedures within the Strata company had discontinued the pasting of Minutes to the Strata Minute Book back in 2013 but no one was advised about it.
The response has just been received back:
Regarding the agency agreement: It said: Quote” A motion will either be resolved or defeated, they are not held over until another time or meeting as at the next meeting the motions put forward would be on the agenda” End Quote.
The part about the Motion that was passed but declared “deferred” was not responded to. (conveniently).
Their final note was in relation to Standard motion (confirmation of Minutes & having them attached to the Strata Minute Book) which was – he will change the wording for future Agenda’s to eliminate the reference to being inserted into the Minute book.
Question: Is he correct when he says that a motion will either be Resolved or Defeated – I do not think so as one was recorded as “Deferred”.
Any comments would be appreciated.
PS Satisfaction with the Strata Management Team is low and the EC is likely to look for an alternate Strata Manager, (soon) but fear that others may be no different. This strata is in Newcastle (NSW).
Thanks in advance (Winston).
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As far as I know, youi can reissue the minutes, due to “errors” even after they have been distributed.
If anyone objects, the can call for an EGM at which they could be rejected and amended.
But really, your problem here is an incompetent manager and the fact that you appear to have delegated the secretary role (and others?) to them.
You are now discovering why this is not a satisfactory state of affairs. The strata manager can’t be trusted and is pushing hard for an extended contract in clear effort to by-pass laws that have been brought in specifically to allow Owners Corps to remove under-performing strata professionals.
Here’s what I think you should do:
1. Appoint a secretary
2. Reissue the amended minutes to reflect what actually happened at the meeting.
3. Start looking for a new strata manager – there are plenty of good, reliable ones around. Our friends at the OCN may be able to recommend one in your area.
4. Tell your current strata manager that they WILL be considered for the new contract. Otherwise, why would a crap service suddenly get even worse?
On the question of motions being approved, rejected or deferred, unless you have standing orders that restrict how decisions can be made – and most ECs don’t – all it takes is a motion to be proposed that item such and such be deferred and there’s your decision.
Even a suggestion by the chair to defer would be fine so long as no one objects and demands a vote.
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.
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