- This topic has 2 replies, 3 voices, and was last updated 11 years, 1 month ago by .
-
Topic
-
We are having trouble leaving our current SM,we gave 3 months notice to leave which was in the contract,but the SM decided when the 3 months where up he wouldn’t hand over the books and monies even after we had an extraordinary executive meeting and it was a unanimous vote to move to a new SM.
We went to mediation at Fair Trading and it was decided by both parties that if we had another AGM at the original SM office and it was a unanimous decision again to leave the current SM, he would release our records etc within 7 days.
We had the meeting and it was a unanimous decision again to move to another SM,The SM still wont hand over the records etc as he said he would within 7 days,now he wants to give them to us in another 3 months time!!!
We had another extraordinary EC meeting and sent a letter asking for all records etc be released within 7 days as the Strata Law states in section 105,he still refuses.
We are out of contract,we gave 3months notice,have been to Fair Trading and he still wont release them.
At the AGM he also would not accept proxies that only had the box ticked that stated the proxy can vote on any matter,he said it didn’t specifically say to appoint another SM so he discarded them,myself and others protested as it was a signed legal document on the correct form,but he took no notice.
My questions are… How do we get our books etc back and not wait another 3 months? and does he have the right to refuse?
Are the proxies legal?
What is the course of action now? Fair Trading is a toothless tiger and personally a waste of taxpayers money,how can we go there and they cant make a decision?
- You must be logged in to reply to this topic.