- This topic has 5 replies, 3 voices, and was last updated 9 years, 1 month ago by .
-
Topic
-
Our AGM arranged for 9/12 with EC meeting scheduled Immediately after.
The agenda items for the AGM are the usual, however the Agenda for the EC meeting scheduled 2 minutes later contain 6 motions (including one involving fitting video camera’s to the complex & a code of Conduct for EC members (which when read is actually a list of procedures for handling issues that arise and not a proper Code of conduct).
My view was that these matters should normally be decided by the Lot owners at the AGM, (Not the EC) and it could be perceived that the future EC was trying to avoid decisions that might be made on the matters by the Owners at the AGM.
I have written to the Strata Manager & EC members seeking the reason the matters were not listed for consideration at the AGM, but so far no response.
I pointed out the issue that at EC meetings attending members cannot speak unless EC members agree and their views are not required to be taken into account.
As the AGM is about 14 days away will an application to the Tribunal likely to be effective as it will probably take a month or more to get a hearing in Sydney. (What type of application should be sought?)
-
Replies
-
Winston – as your AGM is fast approaching and you’ve had no responses to date, I’ll jump in.
Regarding a limitation on matters to be considered by the Executive Committee (E/C), notwithstanding any specifically imposed by the Owners Corporation (O/C) under the mandatory Agenda item to that effect at each AGM, if a Scheme has no Registered By-Law covering a matter such as site security, then any proposal such as for the installation of CCTV Cameras must be decided by the O/C, where in the particular instance you raise a special resolution is required (≥75% in favour under a poll-vote) as the Cameras would be an an addition to / a new structure on the Common Property (Ref Sect 65A).
As for General Business at AGMs, whilst that’s a legitimate item on the Agenda where some worthwhile discussions may take place, ONLY specific Motions that have been included on the issued Agenda may be voted upon / resolved one way or the other by those present an entitled to vote (including by proxy).
It’s too late for you to on this occasion submit any Motions (such as re the CCTV) on the Agenda for the AGM, but for future reference have a look through THIS document as produced by the NSW Department of Fair Trading (there’s a section at Para 3, P19 re Agenda Motions).
The Minutes of Executive Committee Meetings that are being distributed for our Strata Scheme are not a true and accurate record of what is taking place at meetings, plus meetings are being held, without an agenda being circulated and without notice of the meeting and without a quorum being reached. The Strata Manager is then ‘ratifying’ decisions taken at an ‘EC’ Meeting in their offices, when the SMA employee is the only person in attendance.
A request was put to the SMA/EC Secretary to add Motions to the next ECM Agenda, correcting what has been presented to the Owners Corporation.
The agenda for the next ECM has just been received – no Motions have been included.
The Strata Managing Agent-come-EC Secretary has placed a Motion on the Agenda which reads:
Motion No. such-and-such: Minutes of last meeting: THAT the minutes of the last Executive Committee Meeting held on __ December be confirmed as a true record of the proceedings of the Meeting. Explanation: Whilst this motion is not a requirement of the act we feel that it is prudent for the minutes of previous meeting(sic) to be confirmed.
I understood that it is a requirement of the NSW Strata Schemes Management Act, and probably every other ‘Act’ in this State, for the previous Minutes of a Meeting to be accepted and physically signed off as a ‘true and accurate‘ record of what transpired. Is this not the case?
From where I stand, it is impossible to keep up with the inventive ways our SMA/EC devise by way of deceiving Owners and manipulating what transpires within our scheme.
I just tried to email Fair Trading…their website seems not to be accepting inquiries
Millie – in the first instance, unless your Strata Managing Agent is an Owner, or they were nominated for membership of the Executive Committee (E/C) by an Owner who was not themselves a candidate for membership, and in either circumstance then duly elected as a member of the E/C at the last Annual General Meeting, then whilst the Owners Corporation may have delegated the duties of Secretary to them in its current Strata Management Agency Agreement, they do not hold membership of the E/C and cannot vote unless in an “acting” capacity for an absent member.
All that said, the Strata Manager is correct to the extent that whilst the Act does require the production and distribution of “accurate minutes” of decisions taken at E/C meetings, there’s nothing specifically prescribed there in terms of what motions must be included in the agenda and be therefore minuted.
It seems to me that the Strata Manager has at least acceded to the owners’ request about the previous minutes being confirmed by placing a motion to that effect on the agenda for the next meeting, and that at least provides you and other owners with the opportunity to attend and, with permission, to have your say on that motion and to raise why you oppose it and what you’d like to see in future in terms of compliance with the Sch.3 of the Act.
I’d be interested to know what your E/C is “manipulating”, but as there’s no agenda with motions for owners to in advance oppose (as >30% can), you need to rely on General Meetings where the Owners Corporation has the ability to both change the membership of its E/C and to impose some limitations on what decisions it can (and cannot) autonomously make.
There is of course an opportunity to involve NSW Dept. of Fair Trading and the N.C.A.T. but given the hit-and-miss advice/decisions that arise in those, I’d resort to lobbying support from other owners to attend the next E/C and O/C Meetings respectively in an effort to turn things around.
- You must be logged in to reply to this topic.