Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #64884
    Ziggy
    Flatchatter

      This post was originally a response to a question about the meaning of the phrase “in good faith”? – JT

      Does acting in good faith also mean performing all the required duties mentioned in the SSMA for office bearers of the SC?

      Our Secretary is abusive, secretive and regularly fails to answer correspondence from owners. We never hear from the Chair and the Treasurer has delegated their functions to the Strata Manager (not another SC member).

      Final decisions and voting on matters pertaining to our property are opaque.

      Can a motion be put on an Annual General Meeting agenda requesting that all SC members act in accordance with the SSMA and list the duties all the office bearers need to adhere to including responding to owners’ correspondence?

      • This topic was modified 2 years, 2 months ago by .
    Viewing 8 replies - 1 through 8 (of 8 total)
    • Author
      Replies
    • #64897
      newb
      Flatchatter

        You absolutely can draft a motion to adopt a code of conduct (which can then even be added to your by laws but will require registering for that).

        You can just put a motion that all new people wanting to be on the committee or renominate to be on the committee, sign a statement acknowledging committee expectations under the Act. I just did this at an EGM. I said people need to know what expectations of Committee are when they sign up for it. Everyone was fine with it. I just took the main things from the Act about due care and diligence, good faith, that it is voluntary and only means of renumeration under s46, what a committee can and can’t do etc.

        You can remind committee members that they need to perform their function. I asked my committee if you don’t want to perform the functions of a committee, why are you on the committee? You can also apply for orders from NCAT to remove committee members.

        I don’t think people have to perform all the things, but at least some of the things. A secretary should reply to any reasonable correspondence.

        Get your self nominated onto the committee

        #64899
        Jimmy-T
        Keymaster

          All of the above is true, but just to clarify, you can’t exclude someone from the committee if they refuse to sign.

          And you can’t sack them from the committee if  the only reason is that they have signed then breached the code of conduct.

           

          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.
          #64911
          Ziggy
          Flatchatter
          Chat-starter

            Years ago I emailed the SC about adopting a code of conduct and I never heard back. Funny about that!

            So, where to from now? Other than placing a motion on the AGM? But 1) what do I write, other than the obvious SSMA regulations, and 2) what’s to stop the same people getting back on? Of the 40 odd owners, only 9 turn up at the AGM. If we’re lucky!

            #64913
            Jimmy-T
            Keymaster

              Maybe you could respond to “newb” on this thread and ask how he did it.

              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.
              #64927
              newb
              Flatchatter

                The SSMA Regulations are enough for starters, even just the duty of committee. Even just having it included as a motion draws attention to it.

                Also if you’re not already on the committee, join the committee your self. You can’t whinge if you’re not willing to do it your self.

                As others said to me, prepare for a long game. What is your end goal? What do you want for your building? Why are you doing it? What’s your vision? Then, work toward your vision, step by step.

                I’d also advise if you have a spare bit of dosh, get some legal advice.

                And read read read all the posts on here. Follow the advice in the recent article on here of where to get good strata advice.

                Talk to the 9 who do turn up. Start with them.

                It’s not easy. You really have to want it.

                #64967
                Ziggy
                Flatchatter
                Chat-starter

                  Thanks so much Newb for your sage advice.

                  I am on the committee and doing my best, as Don Chipp said, “to keep the bastards honest”.  I would like any Strata Committee to act with due care and diligence; to be accountable and transparent; to refrain from personal attacks and remain unbiased; to act in a timely manner; to answer all communications from owners; and to perform all duties required in “good faith”.

                  is there such a beast?

                  #64970
                  newb
                  Flatchatter

                    Yes there is.

                    We now have 8 out of 15 owners on the committee! Previously it was 3 non active people.

                    Talk to other owners.

                    I wish I’d spoken to other owners sooner, though I wanted to have all my facts straight and offer real solutions before I potentially upset people.

                    #64974
                    newb
                    Flatchatter

                      Also, you need to be reasonable and work with the people and situation you do have.

                      Be what you’re wanting everyone else to be.

                      Listen and empathise.

                      Have integrity. Be accountable. Own that you choose this for your self. Always learning. Not about resentment and what you think others should be doing. No one is perfect. Accept that it’s ok you and others don’t know everything and will and do make mistakes. About possibility for what kind of world you want. Strata is community and a microcosm.

                    Viewing 8 replies - 1 through 8 (of 8 total)
                    • You must be logged in to reply to this topic.

                    Flat Chat Strata Forum Strata Committees Current Page