Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #8373
    HappyNow
    Flatchatter

      At an upcoming EGM, one of the motions on the agenda is that a number of the Owners Corporation want to vote to signify that they are not being represented by any other member of the Owners Corporation other than the elected members of the current EC and that they do not wish to have any other member of the Owners Corporation imply or state otherwise without ‘their’ express permission (permission by the other members of the OC).  Is this a form a dictatorship?  Are they trying to prevent freedom of speech?  If you see a wrong or a breach being carried out by the EC, as an Owner – do you still have the right to bring it to the notice of other Owners?  I am at a loss as to how this vote would be permissible.  Feedback appreciated?

    Viewing 2 replies - 1 through 2 (of 2 total)
    • Author
      Replies
    • #16437
      Jimmy-T
      Keymaster

        This is a weird one, alright and I’m not sure if it stands up to much scrutiny. For a start, an individual owner can’t legitimately present themselves as expressing the views of all owners – they can say they do but they’d have to back it up at some point.
        You can’t even issue edicts telling people not to tell lies. You can tell lies if you want – you just have to be prepared to face the consequences – defamation actions, fraud investigations, eternal damnation – if you do.
        It sounds like a ‘gagging” motion which, firstly the chairmen shouldn’t even allow as it is incompetent in so many ways, not least that it is unenforceable.
        If this is a clumsy attempt to get the majority of owners to express the view that they don’t agree with other owners, then that’s what it should say. But the ruling group has to be very careful when they start using proxies (as I’m sure they will) to control debate and restrict the flow of information.
        A quiet word with your strata manager should see this knocked off the agenda.
        But if I were in your shoes, I would think your opponents had just kicked a massive own goal, firstly by displaying their basic lack of understanding of strata law and secondly by inviting the question “what is it that you don’t want us to hear.”

        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.
        #16441
        HappyNow
        Flatchatter
        Chat-starter

          Yes, I seemed to have bought into rather a strange Over 55’s SEPP5 Strata complex where the incumbent EC do not seem to understand the basics of their ‘rights’ and who want to ensure those Owners in favour receive whatever they like and the other couple of Owners who keep asking pertinent questions regarding their behaviour get ignored or talked down.  First time I have been living with Strata By-Laws and for the most part, they all make sense – and if all the Owners (neighbours) do the right thing and follow the rules it should work just fine. I seem to have been landed with an EC who change the by-laws to stop the couple of us getting our rights and the other Owners think thats all ok because they got what they wanted.  I know, I can go to CTTT and at some stage I will but I am hoping the Strata Manager can educate the EC so they do the right thing by all of us equally.  Fairness, equity, trust, transparency – they all come into play but if you are not a favoured Owner – bad luck. I think if you look at my past posts you will get a flavour of what I am up against.  Being one of the youngest in the block, I may just have to outlive them!! If I ever get on the EC, I certainly will ensure no one is treated the way I have been treated.

        Viewing 2 replies - 1 through 2 (of 2 total)
        • You must be logged in to reply to this topic.

        Flat Chat Strata Forum Strata Committees Current Page