AGM Proxy Votes – The Chairman Rules

Our AGM was held last night. A group Owners sought and received a good block of proxy votes. A slightly bigger number of proxies were given to ‘The Chairman’.  The current EC Chairman then used those proxies to defeat every motion calling for compliance with the Terms and Conditions of our mandatory Building Insurance Policy, the terms of the building’s Development Consent, certain of our By-always etc, etc.

One attendee has claimed that the proxies must be given to an individual and not the ‘Chairman’ and that as such the Meeting and the Resolutions passed to defeat the Motions can and should ruled invalid under Section 2 of the NSW SSMA.

Also, the EC last month held a meeting without issuing an Agenda and without reaching a quorum. When I pointed out to the Strata Manager that this couldn’t be classified as an EC Meeting the SMA then held a subsequent paper EC Meeting, again without issuing an Agenda or advising Owners of the ‘meeting’ and ‘ratified’ seven pages of Resolutions ‘passed’ without Motions being notified and listed. The only person ‘present’ at the paper meeting and the chair of the meeting was the Strata Manager. The first anyone knew of this was when we received the ‘Minutes’ of this paper meeting the day before our AGM. Included in the resolutions was one pertaining to my lot. This was ‘passed’ without me receiving any notice of a motion and therefore without having the option of responding to a proposed motion over my Lot/Unit. Shouldn’t this ‘meeting’ and its ‘resolutions’ also be declared invalid?

Any advice would be greatly appreciated.

Thanks