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At our recent AGM Owner 1 attended who has a current legal letter to cease and desist from communicating with Owner 2 due to vexatious and defamatory statements made in over 60 emails. Throughout the meeting Owner 1 argued with Owner 2 at one point calling her ‘a crazy lady’. Owner 1 self-nominated for the Executive Committee and then stood for and was appointed as Secretary. Given that Owner 1 had been warned not to speak to Owner 2, could the AGM be considered invalid? What are Owner 2’s options?
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No.
A legal letter is not a legal finding in a court. And there’s nothing to stop someone who has an AVO preventing them from communicating with another owner from being involved in a strata meeting (unless the court ordered them to stay a certain distance away from them).
If there was such a legally binding document, you could take the offending owner to NCAT to have them removed from office or from the committee on the grounds that they weren’t a fit and proper person.
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.
Tiakei Wrote;
how is the requirement of ‘a fit and proper person’ determined?
Well, it’s not by an accusation even if it comes in a lawyer’s letter.
There are provisions under Section 238 of the Act, as I said before, that allow you to go and argue your case. First you need to go for mediation at fair Trading, then you progress the complaint to NCAT.
But before that you probably need to talk to an experienced strata lawyer.
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.
“Due care and diligence” would be decided in the first instance by a Member at NCAT. You have to present them with a case claiming a breach and hope they agree.
One argument would be that the committee members had been presented with a compelling argument, backed by evidence and legal opinion, that they were acting wrongly but contined to break the law. Anything short of that is unlikely to fly at NCAT.
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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