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15/08/2011 at 9:18 am #7576
As far as I can tell, our executive committee members have never appointed a chair, treasurer or secretary. Can a strata get away with not appointing office holders?
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15/08/2011 at 3:51 pm #13525
You can delegate those powers to the strata manager. Otherwise, this is what the Act says.
Part 3, Section 19: What happens if chairperson, secretary and treasurer are not appointed?
(1) An Adjudicator may, on application, make an order appointing a person nominated by the applicant (and who has consented to that nomination) to convene a meeting of the executive committee of the owners corporation if there is not a chairperson, secretary and treasurer of the executive committee of the owners corporation after the first meeting of the executive committee has been held.
(2) The meeting is to be convened and held within such time as is specified in the order.
(3) A meeting held under this section is taken to have been held by the executive committee of the owners corporation.
(4) An order made under this section may include such ancillary or consequential provisions as the Adjudicator thinks fit.
(5) If an order made under this section so provides, notice of the meeting may be given in the manner specified in the order.
(6) An application under this section may be made only by an owner, mortgagee or covenant chargee of a lot in the relevant strata scheme.
What does that mean? I have no idea … but in most cases if nobody wants to be an office-bearer, then it gets delegated to the strata manager. If you don't have a strata manager, then you trundle along in anarchic fashion until something goes wrong and/or someone complains.
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.
16/08/2011 at 8:06 am #13533Clive2000 & Jimmy,
If the EC doesn’t elect office bearers, then the EC/OC won’t be able to function correctly if you wish/need to do things without the strata manager (eg, sack the strata manager). In that the secretary is the ec member that can issue the notice of meeting, the chairperson must chair the meeting, and secretary then provides the minutes. A whole meeting of an OC could be overturned by a CTTT ruling if it isn’t done correctly.
Note the functions of the office bearers set out in s22 & 23 of the act.
Mr Strata
16/08/2011 at 8:08 am #13534In our complex, we have never had official positions. Our SM told us this was OK that we didn't need to have someone to be the secretary, the treasurer etc. We all shared these responsibilities.
This worked as we all have jobs, families and other committments. I believe this shared responsibility kept everyone on the committee. When someone got snowed under with their own personal life, the others would keep all running, as we were all in the loop. This allowed us to go on long holidays, or even just take a month off from the running of the place.
16/08/2011 at 12:57 pm #13539struggler said:
In our complex, we have never had official positions. Our SM told us this was OK that we didn't need to have someone to be the secretary, the treasurer etc. We all shared these responsibilities.
This worked as we all have jobs, families and other committments. I believe this shared responsibility kept everyone on the committee. When someone got snowed under with their own personal life, the others would keep all running, as we were all in the loop. This allowed us to go on long holidays, or even just take a month off from the running of the place.
The Act actually requires the Executive Committee at its first meeting to appoint a Secretary, Treasurer and Chair; section 18.
18 Executive committee to appoint chairperson, secretary and treasurer
(1) The members of an executive committee must, at the first meeting of the executive committee after they assume office as members, appoint a chairperson, secretary and treasurer of the executive committee.
I'd keep an eye on what your SM tells you.
By failing to meet the requirement of s18 the EC leaves itself open to somebody commencing an application but if everybody is happy to breach the Act then who are outsiders to comment. If you have a more functional SP by being informal then well done.17/08/2011 at 8:29 am #13547Thanks Billen Ben. Interesting as our SM has told us for 10 years now that it is OK to not have these “official” positions! But the problem of assigning positions is solved now due to the fact that only one person is on the committee! The rest of us have given up doing anything for people who do nothing and expect everything.
I would rather spend my ample free time doing volunteer work for others rather than volunteering to get things done around here.
19/08/2011 at 2:55 pm #13566Can anyone tell me if the EC can appoint an extra new member from the owners in the middle of the year
19/08/2011 at 3:42 pm #13567An existing member of the EC would have to resign before this new person could simply be elected by the current members.
The number of members of the EC is set at the AGM. The EC is obliged to fill any vacancies as they arise but I don’t think there’s a mechanism for adding new members without holding a general meeting to alter the number of seats on the EC.
So I would say no, they can’t do that unless it’s at a general meeting (which, I suppose, would mean the entire EC would have to be put up for re-election.)
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.
20/08/2011 at 5:02 pm #13570I agree with JimmyT that you cannot increase the number of EC members, because that number is set at the AGM.
However, there's nothing wrong with asking a potential EC member to attend and participate in your EC meetings, since all owners are entitled to attend them. When non-EC members turn up at our meetings, I'm always delighted that someone's taken an interest.
I suspect that the practice followed by our OC in setting numbers for the EC is pretty common: the number is however many people express an interest in joining. I fantasise that we might one day have an actual ELECTION… the reality is that one is highly unlikely to ever be needed.
20/08/2011 at 9:20 pm #13577I'm in total agreement with Gilgal1. My building's EC used to invite interested owners on to sub-committees related to their areas of expertise.
The subcommittees reported to the EC and everything worked pretty smoothly (notwithstanding the obligatory ratbags that every building has). The newcomers got a taste of strata life and the incumbents got a chance to see what they were made of, should any vacancies arise.
Sadly the sub-committee system faded away when the EC changed. The current EC is pretty much a one-man show with the EC just basically a rubber stamp for a very forceful character. Fortunately he's a decent bloke doing a good job but you wonder what will happen when he falls under the inevitable strata bus that gets us all in the end.
“Delegate, integrate and involve” would be my motto for ECs.
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.
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