Flat Chat Strata Forum Strata Committees Current Page

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  • #11188

    Hi,

    Ive been advised that one of our difficult owners is going to be present at our upcoming AGM along with her Proxy ( sister lawyer).

    She’s insisting that she can speak at our AGM along with her Proxy and does not require permission to speak by the other owners present.

    Last year we gave her permission to speak but they both highjacked the meeting.

    The owner refuses to represent herself.

    She wants to discuss and usually argue the motions but have her proxy vote on her behalf. 

    As the chair I only want one of them to speak on her behalf of her Lot.

    Is she correct?

Viewing 8 replies - 16 through 23 (of 23 total)
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  • #27779
    Jimmy-T
    Keymaster

      @Sir Humphrey said:
      I would be a bit careful about too strictly enforcing one turn each.

      I think the rule on “one turn each until everyone who wants to speak has had a say” is there for when one person or a noisy minority try to dominate and it gives you a valid basis on which to shut them up.

      The exchange of information you described may violate the strict reading of the rule but I doubt if it would offend anyone.

      I see the Standing Orders as more of a safety net than a strict batting order for speakers.  Many committees get along fine without one … until the inevitable loudmouth comes along and takes advantage of everyone else’s good nature.

      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.
      #27780
      Jimmy-T
      Keymaster

        @twosailram said:
        I find it is often better to leave my speaking to last then summarise a motion for voting that can be my wording, not the pedant’s. That’s what then makes it into the minutes.   

        At the risk of being labelled a “pedant” if the motion isn’t on the agenda, you shouldn’t be formulating it at a meeting.

        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.
        #27781
        scotlandx
        Strataguru

          Jimmy’s right – the meeting can’t approve a resolution unless it has been included as a proposed resolution on the notice of meeting.  Anything raised at the meeting as a proposed resolution where notice has not been given would have to be ruled as out of order by the Chair.

          Any proposed resolution must be included in the notice of meeting sent to the owners.

          You can amend a proposed resolution, but only if it doesn’t change the substance of the resolution, and that can be challenged, in which case it has to be considered again.

          #27784
          twosailram
          Flatchatter

            Sorry Jimmy, I should have clarified to context. The summary as I saw i was in the context of an SC meeting. The ‘rule’ however can be usefully applied to both AGM and SC meetings

            #27785
            Jimmy-T
            Keymaster

              @Lady Penelope said:
              There are various books that may assist the Chairperson in difficult Meetings as the Act is not overly helpful in this area: 

              This is one of the many areas where Fair Trading has consistently let us down. The law tells us what we can, must and mustn’t do at meetings, but doesn’t offer any assistance with how to go about running the meeting in a civilised fashion.

              A simple guide on how to conduct a strata meeting and a reasonable set of non-compulsory standing orders would give the many, many newcomers in strata – and more than a few rusted-on committee members –  an idea of how the meeting should be run (and something to compare their meetings with).

              Strata meetings are very different from any other kind of meeting, where the levels of knowledge, experience and engagement vary wildly, and that’s before you even get into the out-of-control sense of entitlement some owners bring.

              We haven’t all been on charity committees, company boards or members of our school’s debating society (although you can tell the ones who are – they’re the ones shouting “point of order!” despite the fact that there are no orders).

              I suppose we have to remember that the people who devise the laws, regulations and publications spend their lives in committee meetings and assume we all do the same.

              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.
              #27788
              Sir Humphrey
              Strataguru

                @JimmyT said:
                …A simple guide on how to conduct a strata meeting and a reasonable set of non-compulsory standing orders would give the many, many newcomers in strata – and more than a few rusted-on committee members –  an idea of how the meeting should be run…

                While not a simple set of rules in half a dozen dot points, our OC did resolve at its first general meeting in the mid-1970s to adopt Joske’s book on meeting procedure to be the rules of conduct of our meetings. A few years ago we bought a copy in both electronic form and hard copy. The former lets at least the EC members browse a copy and the latter gives the chair something to thump onto the table at appropriate moments. The latest edition has a section on specific requirements of various states’ strata acts. 

                https://legal.thomsonreuters.com.au/joskes-law-procedures-at-meetings-in-australia-11e/productdetail/114423

                #27806
                BONNIE L
                Flatchatter

                  Hi, Can I please ask if new EC is now called strata committee?  Also, if it’s same as EC in terms of other owners attending if they’ve received due notice, and commenting if politely enquire in advance?  

                  #27807
                  Jimmy-T
                  Keymaster

                    The strata committee is really just a change of name for the executive committee.

                    Non-member owners can still attend but can only get speak if a majority of committee members agree by a vote at the meeting. You would speak to the chair before the meeting to ask that a request to speak at the meeting be considered.

                    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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