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  • #11419
    SirLunchalot
    Flatchatter

      Is the elephant outside the room? 

      Our SC for over 30 years has always been determined at 7 or less, quite often 5. The last two committees have been determined at 9, wrongly I believe, as there is never a stand alone motion for determination. 

      Meetings are held monthly in the building (71 lots, 26 level building) office and there is not even room for the 9 SC members, if they all turn up. Owners are invited to attend but are made so uncomfortable having to stand outside the office, byo seats, virtually unable to see proceedings and no chance of really hearing proceedings or requesting authority to comment. The end result of this is owners have ceased attending.

       

      Question is: If owners are outside the meeting room are at the meeting?

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    • #28494
      Jimmy-T
      Keymaster

        If there is no stand-alone motion for the determination of the number of SC members then your AGMs are not being conducted according to the Act which requires that the decision be made after the nominations for election are accepted.

        Regarding the elephant outside the room, Section 13 of Schedule 2 of the Act (below)  says “an owner … is entitled to attend the meeting”.

        If you can’t physically get into the room, then you have not been allowed to attend.  And while this would not be enough to overturn decisions made at any single meeting, you can show a pattern of behaviour that has systematically excluded non committee members from attending.

        So, what you do is put up a motion to the next strata committee meeting that they find suitable premises that allow the meeting to be held and for non-members to sit in reasonable comfort.

        Being expected to bring a chair isn’t such a big deal but not having enough room to accommodate everyone who wants to go is.  There are plenty of rentable office spaces or club rooms around, if there is no adequate space in your building.

        13   Non-member owner may attend

        An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.

        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.
        #28496
        SirLunchalot
        Flatchatter
        Chat-starter

          Thanks JT.

          The SC is meeting today and is devoting the meeting to the upgrade of the By-Laws. I have lodged a motion that a new By-Law to include Code of Conduct and Standing Orders as detailed on another thread be adopted.

          Will follow up with your suggestion on premises next meeting. 

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