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  • #9024

    What action can I take to ensure that the committee of my Owners Corporation provide owners with notice of committee meetings, agendas and minutes, which I believe is a legal requirement.

    Apart from the AGM, the committee has not provided notice of meetings or agendas for years and the last set of minutes on the notice board is dated October 2012. I have spoken to the Strata Manager  and she alleged that she would remind the committee of their obligations about this but there has been no improvement. I have asked the Strata Manager to provide me with emailed minutes but this only happens on a one off basis after several letters of complaint.  

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  • #19377
    kiwipaul
    Flatchatter

      Yes you are correct they are in breach of the act

      From Schedule 3 of the Act

      16 Display of minutes
      (1) Within 7 days after a meeting of the executive committee of a large strata scheme, the executive committee must:
      (a) give each owner and executive committee member a copy of the minutes of the meeting,

      You could advise the EC that any decisions they have taken and any money spent was done illegally and if it happens again you will take action at CTTT to get the EC dismissed and forced to repay all illegal spending.

      To take action at CTTT you would have to document all actions you have taken so far (letters emails, phone converstations) to resolve the issue. The first step is Concillation where the issues are tried to be resolved with a concillator and if this fails you would go then to Adjudication. Cost about $60 for each. The result is a foregone conclusion in your favour IMHO.

      Also advise the SM of your intensions and see if that helps. Although the SM is better described as an administrator as they can make no real decision only the OC or EC can do that. In fact the SM might not even be given a copy of the Agenda or Minutes.

      #19378
      Whale
      Flatchatter

        …and assuming Oscar 47 is in NSW, the Committee is also required to provide a Notice of Meeting (Agenda) to all Owners a minimum 72 hours in advance (ref: Sch.3 Pt2).

        In addition to and possibly prior to actions under the advice provided by KWP, you might inform your Committee Members that they’re compromising the protections afforded to them under the Office Bearers Liability Policy of the Owners Corporation’s Insurance, and that consequently they could be held personally liable for the consequences of any illegal or otherwise non-compliant (with Sch.3) decisions collectively taken. 

        #19464
        larry_vincent
        Flatchatter

          We recently had a problem where the Executive Committee instructed the strata manager not to make available the General Ledger Transaction list to owners with the May 2013 AGM Notice or on the website for owners tpo access. When challenged at the AGM the EC made it available after the meeting on StrataMax. An owner set up a facebook community page in late April 2013 to put pressure on the EC and strata manager to be more transparent with finances. This has had a positive effect and has become a growing community of 25 likes and we do not know how many hits. Perhaps you could start your own facebook community page and engage with other owners and also the Executive Committee. Going to the CTTT is time consuming which is why it is rarely taken up by owners with grievances. Our facebook page is at facebook.com/coryulegardens and is administered by one of the younger owners. 

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