Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #8378
    HappyNow
    Flatchatter

      Could you please explain what ‘Specially Resolved’ means please.

      Does it mean the vote has been decided?  We have 3 items with this against them on the agenda, 2 of which I would like feedback on

      That it be SPECIALLY RESOLVED (in capital letters on the agenda) for a lockable glass faced notice board to be installed in the Games Room to replace all other notice boards in the building (I note that the board in the smaller carpark has already been removed)

      That it be SPECIALLY RESOLVED (in capital letters on the agenda) for the current EC incumbent, having admitted to Court in a written undertaking in Jan 2011 and subsequently to Senior Constables form X police station on the evening of August 2012 and the EC member did indeed assault SlapShot, that that EC member vacate her position as Committee member effective immediately

      Thank you for the explanation and what I can expect

    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #16448
      scotlandx
      Strataguru

        A special resolution is one where to be passed no more than 25% of the people voting on the resolution, either by proxy or in person, vote against it.  So the resolution is passed, provided no more than 25% of votes are against it.

        This is distinct from an ordinary resolution that requires a vote of 50% or more to pass.

        Some things require a special resolution, including waiving of interest on levy arrears, amending removing or adding by-laws, adding to or altering commono property (the notice board) and removing an EC member.

        #16449
        Jimmy-T
        Keymaster

          Any agenda item that has to be resolved by special resolution must, by law, be signified as such on the agenda.  Any item that has to be resolved by special resolution must pass with no more than 25 percent of of those voting at an EGM voting against.  In other words, you need 75 percent of those voting either in person or by proxy to agree to remove this person from the EC.  That is the standard basis on which votes are required to vacate a seat on the EC or create a by-law.

          With the odds that are stacked against you (by the sound of things) you may not get this over the line, but you will have your day in court, as they say.  Any decent person would resign before the meeting to save themselves the embarrassment of being exposed as a … cough … slapper.

          Sounds like the locked glass noticeboard is an attempt to curb your poster campaign.  Never fear, blu-tac works perfectly well on glass.

          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.
          #16451
          HappyNow
          Flatchatter
          Chat-starter

            Yes, I will invest in some good sticky tape!

            Here is one of the other agenda items to be voted on:

            Acceptable Use Police:  The aim of the acceptable use policy is to ensure that the use of all community noticboards in the complex is a positive experience for all users and residents.  Posting Must:  Repect the privacy of others, be relevant, not falsely represent the views of any other person or seek to impersonate another person, not be abuse or threatening to others,not disclose personal information of others, not include defamatory or lebellous comments – including reading and then adding to material of which you are not the author, not use obscene hateful, insulting, provocative or offensive language. Not include material that infignes the copyright of other intellectual property rights of others, not be multiple versions of the same information, not be embarrassing or harassing in nature (sexually or otherwise) to another person, not display or otherwise make available any material which is abusive, sexist, racist or otherwise illegal. That is to say: Not posting anything that racially or religiously vilifies others (see the Human Rights Commision website for more information), incites, induces, aids, assists, promotes, cuases, instructs or permits violence, discrimination, harassment, victimisation or hatred towards others, or is likely to offend, insult, humiliate or intimidate others particularly on the basis of their sex, gender identiy, race colour, descent, national origigin, religion, ethnicity, age, sexuality or any disability.

              For all of this, no mention of telling the truth which is what the EC have been most guilty of Surprised

            #16577
            HappyNow
            Flatchatter
            Chat-starter

              Ok we had our EGM last night and you were right, it was all stacked very neatly by the Chairman who had everyone’s vote due to all the favours he has dished out.

              I have another question though. As a result of the ‘SlapShot’ incident, the person doing the slapping did not take kindly to me distributing a copy of the Court Transcript and her signed undertaking to the court and has since phoned the police stating she feels ‘harassed’.  They came knocking on my door as I mentioned in a previous post and I advised them that this was the only way of letting all owners be aware of what had transpired as she had misrepresented her claim to the Owners Corporation Liability Insurance. The Chairman last night read out a ‘police report’ which stated a number of things.  On phoning the police station involved, they advised me they are VERY aware of the ‘slapper’, that they have been called out a number of times to see her. I asked for a copy of this ‘letter’ that was read out at the EGM by the Chairman and the lovely police person asked for an incident number.  I did not have an incident number as no statement was taken down from me. The police person then did a search and said there was no incident listed except for mine in 2010.  Could I ask what my legal position is now please?. If there is no incident listed, I cannot get a copy of the letter the Chairman read out to everyone. What is my comeback to the Chairman regarding this? I am feeling harassed as perhaps a ‘fabricated’ document has been read out at an open EGM.  I have nothing to hide but I do want to know what my legal rights are now regarding this?

            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.

            Flat Chat Strata Forum Strata Committees Current Page