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  • #60099
    TrulEConcerned
    Flatchatter

    I am unsure if this sub heading  is where my query should be parked.

    1. I am involved in several NSW strata schemes.

    2. In May this year, one scheme’s managing agent emailed owners advising of a July AGM and asking us to pony up any motions we would like listed on the agenda. He gave us almost 2 months to do so. He stated that asking owners – several months ahead of an AGM – for motions they may want to list in the AGM agenda is his policy.

    3. I queried why an AGM is held a mere 7 months after the previous one?

    4. He replied that he erred with the date. The AGM will be held Oct/Nov.

    5. Fast forward to last week when I received the AGM agenda for next week’s AGM.

    I replied to the agent that I did not get chance to submit motions for the AGM as I understood I would from the May emails. This denial is very troubling in the light of (a) I had no motions to submit in May and (b) recent Mediation sessions against the OC (where my positions were supported by the legislation), but as the OC barely gave an inch means I have to apply to NCAT to resolve them. I wanted to list a couple of motions. But did not get the chance.

    Meanwhile the SC listed motions for next week’s AGM that I find illegal: they want to OC to approve pmts to SC members 15 months AFTER they were paid. I understood s.46 of the SSMA requires approval by the OC BEFORE a dime is handed over. These secret pmts were the subject of Mediation, but no agreement reached.

    I told the agent that given the above I consider next week’s AGM to be illegally constituted and will apply for Mediation/NCAT to nullify all resolutions passed, as the SC/OC is not acting in everyone’s interest. I said that I want “months” (he promised) to include motions and have them inserted into an agenda and then have that agenda sent out, indicating a revised AGM date.

    The agent replied: if I submit motions in the next day or so they will be included in the agenda for next week’s AGM.

    Before I could answer,  the agent again wrote:  “It’s too late to include them in the AGM agenda….you had 5 months to submit motions” and “you can always have your motions listed for a general meeting”.

    Points:

    1. In the last several years we have had maybe one general meeting;

    2. No date was issued for the agent’s proposed general meeting. It is odds on there will be no such meeting; and

    3. I want my motions listed for the AGM.

    4. The agent cannot be trusted as was proved at Mediation (he claimed something that the Mediator said was plain wrong)

    What are my rights? What else can I do?

    Thank you.

     

     

Viewing 4 replies - 1 through 4 (of 4 total)
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  • #60118
    Jimmy-T
    Keymaster

    I think your chances of having the general meeting declared null and void are somewhere less than zero.

    It’s true that there are provisions in the Act for invalidating resolutions and elections if the meeting has not been held in accordance with strata law.

    There is nothing there about invalidating a meeting and as far as the individual componente of the meeting, the Act says the Tribunal may refuse to invalidate resolutions or elections if the failure to comply with the letter of the law did not adversely affect any person, and that “compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election”.

    In your shoes, I would find an appropriate motion on the agenda and, at the meeting,  propose an amendment stating that another general meeting be held withing however many weeks to consider the motions that you were not allowed to present due to confusion over timings.

    For instance, there is a compulsory motion on every AGM agenda to decide if any matter or type of matter is to be determined only by the owners corporation in general meeting.

    You could ask the meeting to amend that motion to include that another general meeting be scheduled to consider some very serious matters that were left out of the current meeting due to confusion over timing.

    You might even float what the issues are and how important it is that they be discussed as soon as possible, hence setting a new meeting date.  Or you could just call for the support of 25 percent of owners (including yourself) to call for a other general meeting.

    But be aware that there is no obligation on the part of the secretary or strata manager to invite owners to submit motions.  That’s because there is an obligation for any motions that do come in to be included in the agenda of the next general meeting, whenever that might occur.

    #60158
    TrulEConcerned
    Flatchatter
    Chat-starter

    Thanks for the reply.

    As to owners’ motions being shunted to a future general meeting, assuming I don’t get the necessary numbers to convene a general meeting to discuss my and other owners’ motions, can the Secretary choose not to have a general meeting until it suits him? Or must he convene one by a certain date?

    #60160
    Jimmy-T
    Keymaster

    The only obligatory general meeting – assuming the committee doesn’t call one and owners can’t raise the requisite 25 per cent of votes demanding one – is the AGM, which must be held once every financial year.

    But it must be said that if you can’t raise 25 percent of owners to support your call for an extraordinary general meeting then they can’t share your sense of urgency about the issues, which casts doubt about your ability to get sufficient support for your motions anyway.

    #60162
    TrulEConcerned
    Flatchatter
    Chat-starter

    Thanks again. I’ll put my thinking cap on this w/end and consider my next step.

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