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Here are a couple of curly strata questions for you:
1.What remedy exists when a “do as I say” type owner, holding more than the requisite a 25% of unit entitlements, calls for an Extraordinary General Meeting almost once a month?
2.What remedy exists when an owner overwhelms the Strata Managers with emails and phone calls leading not only to higher management fees but for the scheme to have more new strata managers then customers recorded on a supermarkets customer counter as each Strata Manager refuses to extend their appointment?
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I suggest you look into whether your situation is one where
(a) you can prove (ideally multiple instances) that the owners’s corp is not acting in the interest of all owners; and
(b) whether your scheme’s situation rises to the level of being “dysfunctional”.
If you can prove (b) then you may want to take the steps towards seeking ‘compulsory strata management’ where lot owners will have no say in the running of the scheme.
I suggest you look into whether … your scheme’s situation rises to the level of being “dysfunctional”.
I suspect it’s not the scheme that’s dysfunctional – just one owner who throws their weight around and makes life unpleasant for everyone else because they have to keep turning up to vote against him/her.
My solution would be to pass a by-law that any communications directly with the strata manager (rather than the secretary), or demands on their time, should be charged back to the owner concerned, unless the committee agrees it was for the benefit of the the whole strata community.
The bully will refuse to pay, they will then be “unfinancial” and they won’t have a vote at the EGM. I hasten to add, such a by-law might not be strictly legal – it would have to be tested – but it might put a few banana skins under the bully.
Otherwise, the chair can just rule the motions out of order under Section 19 of the act (below). A less diligent adherent to strata law might rule all motions out of order and when the bully complains, say “take it to NCAT.”
If the bully gets litigious and takes the strata scheme to NCAT, just let him/her run up legal fees but make sure costs are not awarded. You might even agree to hold another EGM to discuss the issues, to halt the NCAT action, then do the same.
Rinse and repeat.
As a long-term solution, consider having the Unit Entitlements reallocated to “better reflect current values in the block” and get him/her below 25%.
19 Chairperson may rule certain motions out of orderThe chairperson at a meeting may rule a motion out of order if—
(a) the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws of the strata scheme or would otherwise be unlawful or unenforceable, or
(b) any requirement of this Act to include the form of the motion in the notice of the meeting has not been complied with.
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.
I agree with Jimmy on his proposal. Another way is to have a motion on the next general meeting that the owner force, being “That the Owners Corporation resolves to have future general meeting by electronic form only”
You would need to have the strata manager confirm the wording of the exact motion as you may want to meet for the Annual General Meeting as you need to elect a committee.
Then you have that motion on every general meeting so that no one needs to waste time meeting just email back a form with your vote.
You could also at a general meeting have a motion to call the next general meeting, say in 3 months (you set the date at the meeting, again your manager) with owners to provide motions for that meeting 31 days before the meeting date.
That way you limit the number of meetings to 4 a year, they are electronic and you can’t be seen as not allowing the owner to put motions forward.
The owner just wants to whinge and make sure everyone knows how important they are, just like a child.
So give them a voice, but you control when and how.
If this person IS the chair, then a simple majority of committee members can vote him out of that role.
Also, at some point next year, strata law will change to allow committee members to be removed by a simple majority of the other owners at a general meeting (currently it requires a special resolution and 75 per cent 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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