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Hi Flat-chat,
I act as proxy for my sister who lives OS, owner of one unit in a block of 6.
An EGM was called a couple of months back to decide on a ~$80,000 project to replace windows. The material sent with the project proposal was missing a huge amount of detail.
The strata manager was in a rush to deal with all the motions as quickly as possible. However, I did manage to push to discuss a couple of unclear areas. Out of this one member of the EC changed his mind about proceeding when he realised there were some expensive implications to unit holders which were not mentioned in any ECM minutes (he had been unable to attend one meeting) or in the proposal information sent out. I was acting as proxy for my sister and another non-resident unit holder (both of whom are not on the EC).
The motion for the window project was defeated but the motion to strike the levy was passed on the pretext that then the money was there once an alternative solution for the noise problem was found. I have since proposed that we do not pay the levy until we know what is to be done and at what cost. I suggested that it could be minuted that once we agreed on a solution that there would be a short notice request for the special levy. The EC member who voted against the proposal raised at the time that it would not be ideal for the vendor, if a unit was sold between the levy being raised and a solution being agreed. When I made my suggestion this unit holder stated he too had he had time to think at the meeting would not have voted in favour of striking the levy at this point. I was in a bit of shock at the whole process at the time. An $80,000 project was nearly passed that even two EC members did not have full knowledge of, let alone the non EC unit holders!!! I think the whole process was very poorly managed, not necessarily intentionally, and I am very disappointed that the strata manger gave no guidance about the inadequacy of information. We were being asked to make an uninformed vote and the SM tried very hard to stop me asking questions (obviously in a hurry to get home for dinner). I am very supportive of finding a solution to the noise problem but believe it must be an informed choice, where everyone is aware of the pros and cons and any extra individual expenses incurred.
Sorry for long winded background, but thought it may be needed to understand the situation. If there is a majority vote to overturn the special levy collection at this point is there any reason that cannot be done?
Thankyou so much for any advice you can give me.
Kind rgds
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@Kendall said:
If there is a majority vote to overturn the special levy collection at this point is there any reason that cannot be done?
Thankyou so much for any advice you can give me.
Kind rgdsAny EGM or AGM decision can be overturned by another motion at the next EGM or AGM with this proviso.
If the SM sends out the levy invoice and any owner pays that invoice then the levy could not be cancelled. The reason for this is that any surplus money in the Strata account can only be returned to owners after a unanimous vote to do so.
So if you want this levy overturned you need to organize an EGM ASAP because an EC meeting cannot overturn an EGM motion. The SM could also be considered negligent if he doesn’t send out the levy notice that was approved at the EGM because he works for the OC and he must carry out their duly authorized request (via the motion that approved the levy).
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