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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”.
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?
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