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Hi everyone! Can someone tell me what section of the Act prohibits owners from asking for an agenda item to be heard at a ECM, please?
thanks in advance
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There’s none that I know of except that motions have to be on the agenda issued before the meeting
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.
Within a meeting a chair can refuse to put a motion unless it is seconded. The point of ‘seconding’ is to establish that at least one other person wants the motion put. If nobody will second a motion the chair is entitled to think it would waste time putting the motion and the chair can dismiss the motion and move on with the agenda.
So, when an owner has wanted something on the agenda of a general meeting, our EC has wanted to see that someone is prepared to be seen to second the motion and have their name to it on the meeting papers. If so, it can go on. If not, it it is time-wasting and doesn’t go on.
Motions put on the agenda by the EC don’t need to be seconded because it is obvious that a majority of the EC supported having them on the agenda.
So, I would find someone to second your motion and go back to the EC.
Hi all
Our EC Meeting Agendas always have very little detail listed in ‘items’ on the agenda. Listed are simply:
“Previous minutes: acceptance“, then
“Matters Arising“.
There is never any indication of what might/might not be a ‘matter arising’. Anything/everything can ‘arise‘, be discussed and resolved by the EC Members/(Caretaker/Strata Manager), without any forewarning to other Members of the Owners Corporation. Plus in our Strata, Owners not on the Executive are not permitted to speak at the meeting, as is the legislated protocol.
Our Executive has also been structured so that no Owner Occupiers get to hold a seat on the EC – our building is driven by Investor/EC Members who lease their units through the Caretaker.
Is this form of Agenda an acceptable format? What, if anything, can anyone do?
Thanks
How are you prevented from joining the EC? Most places struggle to find people willing to be on the EC. Once you are on, you can insist on a clear agenda. Having said that, I don’t know how NSW copes with its published agendas. In the ACT we are not required to publish an agenda ahead of EC meetings. Not infrequently we have matters that would be far better dealt with more discreetly without busy-bodies weighing in, such as when there are complaints from one unit owner about another. Anyone who really cared to could find the minutes but generally people don’t. Instead we make a point of issuing newsletters, but we tend to either omit or be anonymous or discreet about individual matters.
Thanks PeterC.
How are Owner/Occupiers prevented from joining the Committee? For two years a block of investors put forward the maximum (NSW) 9 members. They had the voting numbers – they ousted all the Owner/Occupiers, were elected and held on for a second year. At the last AGM (the third time this has happened) the block could only muster 7 nominees. They put forward the 7 and at the same time resolved to reduce the EC to 7 members, thereby blocking all those outside the block who stood for election. “Trickers!”
Still looking for clarity on the Agenda issue in NSW if anyone can help?
Thanks
Items on the agenda
For the EC to pass a valid resolution, they must issue a notice of EC meeting with the agenda for the meeting, with the proposed resolution/s set out in the notice.
For example, if the EC were proposing to enter into a building contract, you would expect to see a proposed resolution on the agenda to the effect that the OC is to enter into a contract with X for $Y to carry out the building works set out in the specifications attached to the notice of meeting.
Clause 6 of Schedule 3 of the Strata Schemes Management Act states that for a strata scheme that is not large, where an EC meeting is to be held, at least 72 hours notice must be given to all EC members and owners. The notice must specify the time and place of the meeting and give a detailed agenda. (similar provisions apply to large schemes)
As a matter of general law, where notice has not been given of a proposed resolution/decision, it can be invalid. Clause 11 of Schedule 3 provides that where notice is given by one or more owners whose entitlements comprise more than one third of entitlements, that they oppose a proposed decision, then that decision has no force or effect.
Given what Clause 11 says, if notice hasn’t been given of a proposed resolution, then the owners haven’t been given the chance to oppose it. That might be a moot point in your case, as the investor owners seem to have a majority, but still…
As a general observation, it seems that the governance of your EC is appalling. I suggest you contact Fair Trading. You could also write to the strata manager pointing out the provisions of Schedule 3 and asking them why the EC isn’t complying with them.
Thanks so much Scotlandx.
I’m watching for a response to the post ‘Felix – Executive Committee Correspondence’ as we have the same issue. Owners correspondence is almost never replied to. Much of the correspondence is never listed in the Minutes of EC Meetings. No correspondence can be found on files during a Strata search.
You are so right about: “it seems that the governance of your EC is appalling.”
You’re welcome Millie. One problem you have with your scheme is the majority of owners who effectively hold sway, it makes things very difficult.
That said – I believe if the EC were consistently purporting to make substantive decisions for the OC without notice of those decisions to the other owners, then you could have grounds for challenging that.
I had some thoughts re Felix, will see if I can put them down.
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