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This year in the AGM the appointment of the exec commitee was in limbo. It is 4 months now and there is still no appointment. I was the secretary last year and no one likes me becuase I am the only one who believes in going by strata laws. Strata managing agents advice was if thats the way you want it – there is no restrictions?? Strata managers always sing the tune of the majority. So my question is how long can we keep it this way?
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Wow! Why am i not surprised that the masses in some SP’s do not like someone because they want to go by the strata laws.
The people who think educating people will help fix strata problems refuse to recognize that in some cases people just do not want to know and by having those who do know mix with those who do not want to know; it just creates a huge friction.
To answer you question, it can go on until you need to make a decision but you the OC will then need to make any decisions at a general meeting. If you have an agent with full authority then he/she can make decisions. I would refer you to s16 and 17 of the Act.
16 Owners corporation to appoint executive committee
(4) If there is no executive committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.
17 What happens if executive committee is not appointed?
(1) An Adjudicator may, on application, make an order appointing a person nominated by the applicant (and who has consented to that nomination) to convene a meeting of the owners corporation if no executive committee of the owners corporation exists after the first annual general meeting.
(2) The meeting is to be convened and held within such time as is specified in the order.
(3) A meeting held under this section is, for the purpose of the election of an executive committee, taken to be the first annual general meeting of the owners corporation.
(4) An order made under this section may include such ancillary or consequential provisions as the Adjudicator thinks fit.
(5) If an order made under this section so provides:
(a) the person appointed to convene a meeting of an owners corporation by the order is to preside at the meeting and, while the person so presides, is taken to be the chairperson of the owners corporation, and
(b) notice of that meeting may be given in the manner specified in the order.
(6) An application under this section may be made only by an owner, mortgagee or covenant chargee of a lot in the relevant strata scheme.
When I asked this question hypothetically (our EC were feeling sufficiently fed up etc), our managing agent said she would have to call a general meeting every time she needed a decision on anything from the OC and that would eventually annoy enough people that they would form an EC.
Am hearing you bpositive. As a former member of the EC, most residents don’t acknowledge me because I have advised them they were in breach of, or told them that no that repair is not OC it’s yours. And now, I am considered persona non grata because I have told them they aren’t doing their job in any way shape or form. Their response – we are too busy to attend to outstanding maintenance matters nor by laws breaches!
Members of our current EC believe that if they didn’t put their hand up, this place couldn’t run. The truth is, because they have put their hands up, the place doesn’t run. If we were in the hands of a strata manager, yes we would have to have a EGM everytiime we need to agree on issues, but we would have some of the issues in the complex attended to and others about to start. We have nothing, nada, nilch! Nothing done, nothing started, nothing organised, nothing done. To have someone outside come in and get this place kick started before it really starts falling apart would be a God send.
This EC was supposed to have organised an EGM for the end of this month. No meeting. But they were supposed to organised an EGM 6 months ago to agree to quotes for major maintenance. No meeting. Because they didn’t get around to getting the quotes. Still haven’t. Still outstanding. And costing us more and more as time goes on.
Other maintenance issues that do not require an EGM, just quotes then a decision, are now outstanding for 4 months plus. This will surely increase and these “smaller” issues with become bigger issues and therefore require further quotes and more work therefore more money. But I shan’t bother them about all this nasty outstanding maintenance issues again – they are too busy for this! Besides, what would I know! I don’t exist anyway – can’t be of any assistance to them if I am not “here”.
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