Problems with the EC

I don’t know why you would shy away from this appearing in print as it’s far from unique and if your secretary does read it, she might give herself the required shake-up. (However, I will respect your wishes)

First of all, your strata manager is not entirely correct in saying he can only take instructions from the EC.  In fact SMs superior instructing body is the Owners Corp meeting in general meeting.  

The SM is right about day-to-day stuff but if you feel strongly enough about this, you can hold a general meeting to issue new instructions to the EC and the strata manager and, if you have enough support, to remove the secretary completely.

A simpler way would be to put a option on the agenda of the next EC meeting to declare the position of secretary vacant and ask the EC to choose a new one.  You can then present your case at the EC meeting (if the secretary even chooses to fight it).

You can call for a general meeting (if you can raise 25 percent of the votes in the building) and then try to get a special resolution passed  (by 75 percent of those voting at the meeting) to have the secretary removed from the EC altogether.

Or you can wait until the new strata laws are enacted in July this year (allegedly) and have a general meeting and vote in a new secretary.

Or, and this may be the most effective solution, you can get  a number of owners to sign a letter saying you are unhappy with the job the secretary is doing and ask her to either lift her game or resign.

I would add that if she fails to do either, there are a number of avenues available to owners to remedy the situation, down which you would rather not go as they are potentially damaging to the scheme – but not as damaging as doing nothing.

Also, and this is important:  you want as many names on that letter as you can get or it will be dismissed as the rantings of one disgruntled owner, rather than a genuine effort to have the building run properly.

One final note, if the secretary doesn’t have the time to do the job properly – and we are all busy people – she should step aside and let someone do it who does have the time. 

@Investor13 said:

What are the other avenues available? Can I go to the CTTT.

(This is an investment unit so I only know a couple of owners. It is a large complex but there are only 3 members of the EC and they act as one. The Secretary is also the Chairman.) 

Right now your only option at the NCAT (as the CTTT is now known) would be to apply to have a strata manager appointed to take over the running of the owners corporation.  You would have to take a strata manager with you who was prepared to do the job and you’d have to have a very compelling argument  that the EC was harming the interests of the majority of owners by continuing to have this person as secretary.

Seeking the stautory appointment of a strata manager is one of those “be careful what you wish for” scenarios as they are legally obliged to do everything by the book and you and your neighbours will have no say in how the building is run for the duration of an appointment.

Bide your time until the new laws come in and you could apply to the NCAT to have this member removed from her office ot the EC completely.

Even then, I think an approach to the other EC members and other owners raising your concerns would be a necessary first step and I think that is your best move right now.