Code Of Conduct by Committee Members

Depends where you are. In the ACT the EC code of conduct is part of the Act. Default rule require compliance with ACT law. So, you could go to the Tribunal seeking an order for compliance. 

Elsewhere, if the code of conduct were adopted as a by-law, then you are probably in the same situation. 

In any case, whatever behaviour is causing a breach of a code of conduct is probably bad enough that you could address that directly.

You could talk to neighbours and encourage them to vote for someone different at the next AGM. 

You might be able to put a specific motion that refers to the inappropriate behaviour. Best to keep it civil, cool and unemotive. 

Care to be more specific what the problem is?

Sounds like a good outcome. A shot across the bow delivered calmly seems to be having the right effect. Perhaps you gave other EC members the confidence to stand up to a domineering chair? Sometimes one person can be so headstrong and forceful that they have others cowed into submission. With luck there is a majority of the EC now more aware and confident in their role and emboldened by knowing they have support. 

Thanks.As long as the lone outlaw desists,its ok.Its not fair to the other tenants who are all complying,to let one chap get away with flouting the by law. Weird that theres a legislation in place but heaps of hurdles to impose it.

@Deborah Searle said:
What Code of Conduct?  I’m in NSW.  

The suggestion that Jimmy and I are making is that in states where the strata act does not provide a code of conduct, the EC could adopt one anyway or the OC could impose one by making it a by-law/rule/article. Elsewhere I posted the ACT’s code of conduct and JT posted one pinched from the US. 

@newlsie said:
Hello,  Is there a sample code of conduct description anywhere.  

Have a look here at the one we posted this week.

And Sir Humphrey posted the ACT’s standard Code of Conduct here (item 2). 

@JimmyT said:
Have a look here at the one we posted this week.

And Sir Humphrey posted the ACT’s standard Code of Conduct here (item 2).   

I am about to add the below to our scheme’s AGM agenda, based on JimmyT’s posted Code of Conduct and Standing Orders. I had to make it possible for non-Chair members of the SC to move, second and vote for Code of Conduct breaches to be recorded “just in case”.

How does the Description, preamble and minor mods to what Jimmy posted look to other members here?

TIA,

El Cap

The Owners – Strata Plan No. xyz – Motion for Adoption of Standing Orders and Code of Conduct for Strata Committee (Special Resolution)

Description: in the interests of creating a productive and positive environment for the operation of the Owners Corporation and its Strata Committee, the included Standing Orders and Code of Conduct are proposed to guide the Strata Committee in its day to day activities.

That The Owners – Strata Plan No. xyz SPECIALLY RESOLVE pursuant to Section 108 of the Strata Schemes Management Act 2015 to make an additional by-law in the following terms:

Special By-Law No. x – Standing Orders and Code of Conduct for Strata Committee

1. Standing Orders for Strata Committee Meetings

Strata Committee meetings of the owners corporation will be conducted under the terms of the Standing Orders affixed to this by-law as Annexure A.

2. Code of Conduct for Strata Committee Members 

Lot Owners nominated to be elected to the Strata Committee will be requested to indicate their agreement to be bound by the Code of Conduct affixed to this by-law as Annexure B by signing and dating a copy of the Code of Conduct when they are nominated for election to the Strata Committee.

If a nominated Lot Owner has previously signed a copy of the Code of Conduct, they are considered to have done so for subsequent nominations.

Annexure A

Standing Orders for Strata Committee Meetings of Strata Plan xyz

1. A committee meeting may not commence until the quorum of attendance (50 percent of the committee membership) has been reached. Proxy or absentee votes may not be counted towards the quorum.*
2. The meeting must be chaired by the elected chairperson unless they are absent or unable to do so, in which case the committee must elect a chair for the duration of that meeting.*
3. Voting on committee matters is by a show of hands with each member carrying only one vote (unless they have been granted a proxy vote in writing by a member who cannot attend and the committee has agreed to it being allowed).*
4. The committee must have agreed to allow proxy votes before they can be counted. A simple majority of the committee in attendance can choose not to allow proxy votes if they so wish.*
5. Members can be considered to be in attendance if they are present by telephone, video streaming or other electronic means.*
6. The committee must allow non-committee members to attend the meeting but they are only permitted to speak if a majority of the committee agrees.*
7. The committee may decide by a simple majority whether or not non-committee members should speak only on specific items on the agenda or on any or all agenda items.*
8. In a tied vote, the Chairperson does not have a casting vote and any motion will be considered not to have been carried if it remains tied after a re-vote.*
9. The chair should make it clear to non-committee members that they are bound by the committee’s agreed Code of Conduct and Standing Orders.
10. The committee will consider the items on the agenda in the order in which they appear unless a majority of the committee agrees to change the order at the meeting.
11. The Chairperson will allow each participating member or attendee to speak only once on a topic until everyone who wants to speak has had a chance to do so. The same restriction will apply after each time an attendee speaks.
12. After discussions, and before a vote, the Chair will call for anyone who wishes to raise a point that has not already been discussed, to do so.
13. Attendees and members who interrupt, talk out of turn or talk over other members may be warned verbally that their behaviour is not acceptable.
14. If the behaviour is repeated despite a warning, the Chairperson can call for a vote of the committee to ‘name’ the miscreant in the minutes of the meeting. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
15. The Chair can also propose a vote to ‘name’ any member or attendee who breaches the agreed Code of Conduct, specifying which item in the Code of Conduct has been breached. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
16. The meeting will be called to a close after the final item has been discussed and voted upon.
17. Any items not on the agenda can only be discussed informally and no vote should be taken or recorded.*

*Items 1 to 8 plus 17 are part of NSW strata laws or regulations.

Annexure B:

Code of Conduct for Strata Committee of Strata Plan xyz

I agree to serve on the strata committee for Strata Plan xyz and to be guided by the following principles:

1. To attend and participate in all meetings to the best of my ability to be present.
2. To respect the agreed Standing Orders at all meetings and to participate in a business-like manner.
3. To accept the committee’s majority decisions, even if I disagree.
4. To promote the goals and interests of the strata scheme in a constructive manner. To avoid creating unnecessary conflict among homeowners.
5. To disclose to the committee any financial conflicts of interests.
6. To conduct myself in a civilised and polite manner regardless of how heated discussions become.
7. To refrain from personal attacks on other committee members, owners or tenants and to avoid language that is racist, sexist or otherwise  discriminatory.
8. To do my best to ensure that the Owners Corporation’s finances are well managed.
9. To uniformly enforce, without fear or favour, the by-laws of the strata scheme and the laws and regulations enshrined in the Strata Schemes Management Act 2015 and Strata Schemes Regulations Act 2016.
10. To do my best to acquaint myself with the fundamental strata rules and regulations enshrined in the above by-laws and legislation.
11. To place the best interests of the strata scheme above my personal interests; the interests of a particular homeowner; or the interests of a faction of homeowners.
12. To resign from the strata committee if I find I can no longer maintain this agreement to serve.

Dated: __________

Name: __________________________

Signed: __________________________

@scotlandx said:
You can’t have a proxy at a Strata Committee meeting, you can appoint an acting member who must be an owner or company nominee, refer section 34.  

OK, I’ll reword so Proxy isn’t mentioned and Acting Member is substituted. I’ll repost once done for other members’ potential use.

Reading that section, it appears an Acting Member’s presence would count when establishing a quorum (“The owner or company nominee appointed is, while so acting as a member, taken to be a member.”).

Am I reading that right? What if an existing member is appointed as Acting Member? Do they count as two attendees for the purposes of establishing a quorum?

El Cap

@JimmyT said:

No.  The presence of an acting member has to be approved by the committee. The committee can’t vote until a quorum is established so the acting member can’t be counted as part of the quorum because they haven’t yet been ‘voted in’ by the committee.  

Thanks, Jimmy – it’s unclear in that section that the appointment is definitely limited to one meeting, and the appointment form I found on the Certified Strata website has an option to appoint for more than one meeting. Does the committee need to approve such an appointment at each meeting? i.e. Does the resolution to allow an Acting Member apply to only one meeting?

Thanks,

El Cap