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  • #64516 Reply | Quote
    reddant
    Flatchatter

      Hi everyone

      Received AGM agenda yesterday and, whelp, I’m in it!

      Motion attached. I have lived here 25 years and never received a by-law letter.

      I am constantly complaining to council about breaches of consent by shops in scheme (noise) and all of my complaints are upheld, including one recently.

      We have one family who owns 70% so no votes. Special resolutions only happen if 5% secured in advance.

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #64521 Reply
      Jimmy-T
      Keymaster

        Special resolutions only happen if 5% secured in advance.

        I’m not sure what that sentence means.  Please clarify.

        Otherwise, I would write to the chair and demand that they withdraw the motion and inform all other owners that they have done so immediately as it is:

        1. Legally incompetent – nuisance under section 153 does not cover legitimate complaints about breaches of by-laws and Environmental Protection laws.
        2. Defamatory and bullying

        I would add that failure to withdraw the motion and announce  that to all other owners that they have done so may lead to action by you under section 237 to have a strata manager appointed due to the concentration of votes in a few hands leading to the mismanagement of the scheme or, under section 238, to have specific members of the committee removed from office for the same reason.

        You might throw in that you may also pursue action under section 232 to compel the owners corp to take action against lot owners and tenants who are breaching EPA and therefore standard by-laws which demand  that occupants don’t break the law.

        And they should inform the other owners that if they take action against you at NCAT and lose, they have to raise a special levy paid by all owners EXCEPT you, to pay the legal costs.

        The problem here isn’t that you make complaints, since they are always upheld, it’s that the committee (for whatever reason) allows the breaches to continue.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
        #64525 Reply
        reddant
        Flatchatter
        Chat-starter

           

          reddant“We have one family who owns 70% so no votes. Special resolutions only happen if 5% secured in advance.”

          Jimmy T “I’m not sure what that sentence means. Please clarify.”

          I meant for special resolutions you need 25% to not vote against it. So the 70 per enters secure the agreement of a lot owner or two before proposing the motion so that their motion does not get defeated. Pretty normal I suppose. Thanks for you reply, I’m in agreement with you.

          #64528 Reply
          Jimmy-T
          Keymaster

            Are the 70 percent owners the proprietors or owners of the commercial lots?

            If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
            #64529 Reply
            reddant
            Flatchatter
            Chat-starter

              Both!

              #64533 Reply
              Jimmy-T
              Keymaster

                Yeah, I would go straight for compulsory appointment of a strata manager.  The fact that they are trying to silence you could be seen as evidence that they want to run the block to suit their business and not for the greater good of all residents.

                If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
                #64534 Reply
                reddant
                Flatchatter
                Chat-starter

                  Apparently CSM are only when dysfunctional ie

                  – levies are significantly not being raised, or

                  – significant unpaid levies are not being persued or

                  – CP is not being maintained

                  – money is unaccounted for

                  i have decided to mediate/tribune the motion declared out of order not because I am passionate about it but because it’s the way to get an order  for them to do the right thing.

                   

                  anyone else had this? I’d love  you to share?

                   

                   

                Viewing 6 replies - 1 through 6 (of 6 total)
                Reply To: Nuisance allegation about me in AGM agenda
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