Attendance at EC meetings

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  • 01/02/2011 at 7:44 am #7215
    Anonymous

      Recently, I challenged a by-law that in my opinion conflicted with certain legislation.  I attempted to attend an EC meeting at which this matter was noted as an agenda item.  The EC refused to discuss the matter in my presence citing that they would be discussing a legal opinion which was priviledged.

      Does an EC have the right to exclude owners from meetings to discuss such matters?

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    • 01/02/2011 at 7:58 am #12401
      Jimmy-T
      Keymaster

        I don’t think the Executive Committee has such a right. This is what Fair Trading says on meetings:

        Owners’ attendance

        An owner or, where the owner is a corporation, the company nominee of the corporation can attend executive committee meetings but they cannot speak at the meeting unless the executive committee agrees by majority vote.

        There’s nothing there about excluding owners from hearing issues.

        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.
        01/02/2011 at 3:37 pm #12407
        Anonymous

          Thanks Jimmy – you have validated my thinking.

          A check with Fair Trading also rendered the same advice.

          Given that I have discussed this matter with the EC to no avail, I guess my next course of action to ensure that owner's rights are respected in this regard is to seek mediation through the CTTT.  Hopefully, mediation will set the EC stratight about their obligations.

          01/03/2011 at 8:07 pm #12509
          Anonymous

            Hi Jimmy,

            We have a situation in our building where 3 EC members (out of 5) met without notifying the other 2 EC members and they presented a complaint about a long term resident who has not breach any by-laws as though it were an official decision of the Executive Committee, however this does not accord with the facts of the situation or relfect the opinion of the Chairman and the other member of the Committee, who were not notified of the meeting and did not vote on a particular matter.

            We note that a ‘special general meeting’ requiring 72 hours notice is required by Law before such a matter can be put to a vote and acted on. No such meeting was called, however; the three claimants have proceeded to issue a ‘notice’ to the tenant in question regardless of the fact that their meeting on the matter was invalid.      

            The 3 EC members have pushed the Strata Manager to their limit that a CTTT hearing is now in placed for mid March.

            My question to you is, how can this 3 EC members get away with such a thing? What can we do to assist the tenant when he goes to the CTTT hearing? He has not done anything wrong and the 3 EC members are doing this without any real justification.

            Your opinion is greatly appreciated.

            Muffin

            01/03/2011 at 8:11 pm #12510
            Anonymous

              I have another question.

               

              Can an owner be nominated by another owner even if he or she is not present at the AGM meeting? For example, I will be on holidays when the AGM will take place and couple of the owners would like to vote for me to continue with the treasurer role. Can I be nominated eventhough I can't attend the AGM this year?

              Looking forward to your response

              Muffin

              02/03/2011 at 7:58 am #12512
              Jimmy-T
              Keymaster

                Absolutely.  But make sure you have acceptance of your nomination in writing and that you have your own proxy votes sorted out.

                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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