Non-owner runs the block

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  • 16/05/2016 at 11:04 pm #10455
    Jimmy-T
    Keymaster

      I am a member of the EC (chairman I think!). We have a member who has controlled the committee for years and makes decisions without consultation. He has the manager accepting directions from him without waiting for the whole committee to discuss issues.

      Over the last 12 months I have insisted on regular EC meetings, and put forward a number of proposals to modernise the complex. He does not approve of this. As one example, even though the EC agreed to explore updating our letterboxes, he got the quote then refused to present it to the EC. He thought it was too dear and unnecessary so didn’t involve us in the decision.

       

      There are 5 on the committee. One other member agrees with proposals I have been making, and all have agreed that we need to improve our communication/decision-making processes. But it just keeps happening. 

       

      NB; He is not an owner but lives next door and has the proxy vote of a relative who is an owner. Is this legal?
      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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    • 16/05/2016 at 11:55 pm #24920
      Jimmy-T
      Keymaster
      Chat-starter

        First of all, provided the relative was “financial” at the last AGM – i.e. their levies were up to date – then they can nominate anyone they want to stand for the committee.

        But that person still has to be elected, so they are there by dint of the active or passive support of the other owners.  Even so, they should not be giving the strata manager instructions whether they were approved by the committee or not. Communications should come from the chair or secretary.

        You need to have a word with the strata manager to remind them that they can only take instructions from the committee (or the OC as a whole) and if the don’t want their contract cancelled, and to be held personally liable for bad decisions that weren’t approved by the committee, they need to start acting professionally.

        Then, at the next AGM, organise your support, reduce the number of members on the committee and make sure your strata fascist isn’t elected.

        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.
        17/05/2016 at 2:29 pm #24923
        scotlandx
        Strataguru

          Who is the secretary of the EC?  They are the person responsible for recording decisions of the EC and that can help you when you are trying to manage someone like that.

          In relation to the strata manager – I suggest you put it in writing.  Ideally have an EC meeting and agree at that meeting to formally notify the strata manager that they are only to take instructions from the EC, in accordance with decisions made by the EC.  It can help if you nominate someone to instruct the strata manager for that purpose.  In a notification like that you can note that if the strata manager acts outside those boundaries, you may hold him liable for any costs etc.

          In respect of the rogue member, it is a technical thing but has he been properly nominated by his relative?  A proxy is not a nomination, that just allows the person to vote at general meetings.  A nomination to the EC by the owner is a separate matter.

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