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Topic
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This is a copy of an Executive Committee policy from a large SP.
I would appreciate some feedback on the legitimacy of some of the practices in the policy.Executive Committee Policy
1 The EC Chair will enforce the approved Code of Conduct at all EC meetings.
2 The Executive Committee shall maintain correspondences between the Executive Committee, Unit holders and relevant bodies by written and electronic means as necessary.
3 The Executive Committee shall maintain relevant email accounts for its office bearers being (for example) secretary@…… and treasurer@ ….
4 The Secretary of the EC will prioritise responding to email correspondence from businesses or government bodies except where the Secretary officially delegates correspondence to be handled by another Executive Committee member. The Secretary of the EC will record all correspondences every month in the relevant EC Meeting Minutes.
5 The Secretary of the EC may elect to respond to no more than one email correspondence (other than complaints) regarding one issue per eveny 3 months from an individual unit holders / residents. Due to Secretarial workloads individual unit holders at the discretion of the EC Secretary can expect to receive a response to no more than 4 emails per year. The Secretary of the EC must record the email as incoming and/or outgoing mail / email in respective EC Meeting Minutes.
6 All complaints from unit holders/ residents must be made in writing and a hard copy posted to the EC for consideration and/or reply at an EC meeting. In regards to a written complaint, if the EC is unable to resolve the issue then the EC will defer the matter to the Peace Forum.
7 Financial matters must be reviewed by the Executive Committee Treasurer before resolution.
8 The Executive Committee shall actively monitor the functionality of all sub-committees and pursue the submission of monthly reports from all sub-committee co-ordinators.
9 New ***** unit holders will be issued with a copy of the most recent EC Minutes, current AGM Minutes, ***** Handbook and a current Financial Statement for that Unit.
10 The EC must allocate an adequate amount of time at EC meetings for the Treasurers Report to be discussed and understood in detail by all EC members.
11 Should no quorum for a scheduled EC meeting be reached then the meeting shall be adjourned until 7 days after the date of the first scheduled meeting and all unit holders shall be notified by notice posted on the community notice board.
12 Should an emergency EC meeting be required the Secretary must advertise on the OC notice board the date scheduled for the EC meeting 72 hours prior to that meeting.
13 Should an EC member not attend more than 3 scheduled EC meetings then that EC position will be advertised as available on notice boards and in respective EC minutes.
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Hi, I know the chairman of the EC has no right to vote in the ECM, what if (s)he is the secretary as well, then can (s)he vote? Thanks
You're a bit off the mark, there.
The chair has every right to vote at an Executive Committee meeting – they just don't have a casting vote if there is a tie.
EC votes are strictly one EC member, one vote – there is no poll voting based on unit entitlements or use of proxies from non-EC members or extra votes based on being an office bearer.
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.
Billen Ben said:
5 The Secretary of the EC may elect to respond to no more than one email correspondence (other than complaints) regarding one issue per eveny 3 months from an individual unit holders / residents. Due to Secretarial workloads individual unit holders at the discretion of the EC Secretary can expect to receive a response to no more than 4 emails per year. The Secretary of the EC must record the email as incoming and/or outgoing mail / email in respective EC Meeting Minutes.
Many of the items in this list look familiar to people working in organisations which hold a lot of meetings.
However I’m astonished that anyone would choose to ration emails and the number of issues people can raise in any given period! Delayed responses are understandable if you’re a really busy volunteer…. To be honest, it looks to me like there must be some history of conflict for someone to draft such a bizarre limit to participation.
I don’t know about your owners’ corporation, but ours contracts a strata manager to deal with day to day inquiries about maintenance. If the issue is big, or involves funds over a certain limit, then the strata manager must consult our eC.
Our EC focusses on trying to set priorities and policy. We encourage any unit owner who wants to attend our EC meetings to do so. And we try to foster a friendly environment – something this clause 5 looks like it could undermine.
Billen Ben said:
I would appreciate some feedback on the legitimacy of some of the practices in the policy.
13 Should an EC member not attend more than 3 scheduled EC meetings then that EC position will be advertised as available on notice boards and in respective EC minutes.
There is a very specific method required to remove EC members and it involves a special resolution at a General Meeting. This is what it says in the Act:
A determination by an owners corporation that a person’s office as member of the executive committee is vacated requires a special resolution which is defined as a resolution which is passed at a duly convened general meeting of an owners corporation and against which not more than one-quarter in value, ascertained in accordance with clause 18 (2) and (3) of Part 2 of Schedule 2, of votes is cast.
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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