Flat Chat Strata Forum Strata Committees Current Page

  • This topic has 4 replies, 3 voices, and was last updated 9 years ago by .
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  • #10355
    Costa
    Flatchatter

      I plan to attend an Executive Committee meeting of our building which is 38 apartments and has an Executive Committee of 5. The meetings are always held off-site, at the home of an ‘absentee owner’ (term not used pejoratively, well… a tiny bit pejoratively). This may be so it’s less enticing for others to attend.

      I know I am entitled to go; I know I need permission to speak. But please, could someone tell me: Do I need to tell the EC I plan to attend ahead of the meeting or can I just turn up? Is permission to speak granted on an ‘agenda item-by-item’ basis? Or is a ‘blanket permission’ granted to speak on any item?

      There are 10 agenda items, none written as proper motions where a yea or nay is required, but some important issues are going to be decided on. A couple of them directly affect us, we feel they’ve been heading in the wrong direction and want to change it and at the very least have some stuff ‘on the record’.

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    • #24614
      Costa
      Flatchatter
      Chat-starter

        I realize my topic and question may not be as sexy as ‘curbing noisy kids’ or ‘termite damage’ or ‘EC not repairing stormwater damage’ but I hoped it’d be an easy one for someone more knowledgable than I in these matters. Please can I try again?

        #24616
        Whale
        Flatchatter

          Gees Costa; it’s only been 72 hours since your first post on this topic, and speaking for myself, unless a query is atypical or particularly detailed I usually wait for as few days so as to give others a chance to respond!

          Anyway as you’re obviously anxious, my interpretation of Sch.3, Cl.14 and common courtesy is that you should formally advise the Secretary of your intention to attend and of the Motions you wish to speak to, and as soon as the Meeting is convened ask for a vote by the Members to authorise your desire to address it; that is for a “blanket” authorisation to address the Meeting with regard to the Motions previously advised. 

          #24617
          Costa
          Flatchatter
          Chat-starter

            Thanks very much Whale. Just what I needed to find out. 72 hours? Seemed like an eternity. You’ll know there isn’t much time required for notification of an Executive Committee meeting and our agendas go up in the middle of the night, at the last possible minute. Also the noticeboard is situated in a place where nobody has to go so these meetings sneak up on you. Hope you understand and thanks again. 

            #24618
            Jimmy-T
            Keymaster

              @Costa said:
              I plan to attend an Executive Committee meeting of our building … I know I am entitled to go; I know I need permission to speak. But … do I need to tell the EC I plan to attend ahead of the meeting or can I just turn up?

              It would be a matter of courtesy to tell the committee chair that you plan to attend and that you will be hoping to speak to the committee – but there’s no hard and fast rule.

              Is permission to speak granted on an ‘agenda item-by-item’ basis? Or is a ‘blanket permission’ granted to speak on any item?

              This depends on how the Chair handles the request.  If he or she takes a vote on your request to speak at the meeting at the beginning, without specifying the topic, then you can pretty much speak on anything.  If they make it specific to the issue you are interested in, then you should restrict your comments to that issue.  Again, there are no hard and fast rules.

              There are 10 agenda items, none written as proper motions where a yea or nay is required, but some important issues are going to be decided on.

              There needs to be an agenda, as only items on the agenda can be discussed and voted on.  There is no allowance of “any other business” in NSW strata law.

              The only way to ensure that you get your point of view “on the record” is to submit a motion for the meeting with an attachment that you clearly state you want to have adopted into the minutes.  Otherwise you could end up with something like “Costa raised some objections which were considered but were dismissed by a majority of the committee” in the minutes.

              This would be perfectly legal, so if you want to get your message out to other owners, put it in writing.  And, while you are at it, try to stick to hard facts and dial down the sarcasm – it might not make any difference to your committee members but it will make you look more reasonable to other owners.

              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.
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