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We have a building of 10 units. The chairman/treasurer of the body corporate – who has held both positions for over 20 years and is not on email, does not believe in remotes. When I moved in he advised me there was no remote access so we all use a key, therefore driving in and out on the RHS. In August I found from discussion with the technician servicing the garage door that there has always been remote access available so I bought a coded remote as did five other owners in the building. The chairman/treasurer had this deactivated as he believes remote access is not secure and we must use the key. I have written advice from the service company that they advise remotes are safer than keys. What action should we now take?
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I’d make a couple of points here – the Chairman/Treasurer doesn’t have any special privileges in making up the rules as he goes along. Are there any other members of the Exec Committee? In any case the OC should be taking back control from this person. Ordinary keys can be easily copied and I’d tend to agree with the technician rather than the Chairman/Treasurer.
From what you say, the remote access would have been provided as an integral part of the common property. Under Strata Law the OC has an obligation to maintain that common property (in working order). So the Chairman/Treasurers decision to deactivate that part of the door mechanism without putting it to a general meeting would in fact be unlawful.
Agreed with DaveB.
Not sure which state. However, where I am (ACT), it takes a special resolution for an OC to decide to not maintain some aspect of the common property and there are further criteria that must be satisfied. So, you might not need to round up much support to be able to say with confidence that any motion to not maintain the remote system would fail, and the EC (not chair), should reinstate the remote system forthwith.
I think the real problem here is that a rusted-on chairman is acting autocratically without even consulting owners on what they want.The long term solution is to get rid of the chair, which can be easier than you might think – a simple majority vote of the executive committee can remove him from office (but not from the EC).
As a temporary measure, why not get everyone who wants a remote control gate opener to sign a letter saying that, as members of the owners corporation, you require him to reinstate the RCs and give him seven days to do so.
If he refuses, or fails, start the process to either get the EC to vote him out of office or, if he has only his cronies on the EC, to hold an EGM to sack the entire EC and vote in a new one. That is harder than it sounds as it would require a 75 percent vote.
In fact, the easiest way might be to keep your powder dry until the next AGM when you will only require a 50 percent vote to elect a new executive committee.
In the meantime, be prepared to be pilloried and generally demonised, so keep the other RC owners informed and onside. But sooner or later, all dictators end up in a bunker, wondering why everyone hates them.
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.
Sure, try a letter or petition or talking first.
Does it take 75% for owners generally to force a general meeting in NSW? In the ACT, a petition from 25% of owners stating the matter to be decided can be presented to the EC and that requires the EC to call a general meeting within 28 days.
@PeterC said:
Does it take 75% for owners generally to force a general meeting in NSW? In the ACT, a petition from 25% of owners stating the matter to be decided can be presented to the EC …Same applies in NSW but you can only sack an EC member from the committee (or have a mid-term election of a new committee) with a special resolution at the general meeting and that requires the approval of 75 percent of those voting. Hence my reference to 75 percent.
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.
@JimmyT said:
@PeterC said:
Does it take 75% for owners generally to force a general meeting in NSW? In the ACT, a petition from 25% of owners stating the matter to be decided can be presented to the EC …Same applies in NSW but you can only sack an EC member from the committee (or have a mid-term election of a new committee) with a special resolution at the general meeting and that requires the approval of 75 percent of those voting. Hence my reference to 75 percent.
Thanks. In that case, I agree with ‘keep your powder dry’ till you can vote a different EC by 50% vote. However, at the same time, if you have not got your remote entry yet, put a motion on the AGM agenda to have the non-functioning remote entry system repaired. If that passes but the guy gets back on the EC, you have extra authority to insist that it be done. The EC has to act on a directive from the OC at a GM (so long as it would be legal to do so).
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