Flat Chat Strata Forum Strata Committees Current Page

  • This topic has 2 replies, 3 voices, and was last updated 12 years ago by .
  • Creator
    Topic
  • #8689
    Anele50
    Flatchatter

      I understand the basics of how to go about the theory behind getting rid of the EC, we have some logistical issues though.

      We need to get rid of 6 out of 8 EC members. These 6 also comprise the chairperson and secretary. Short version – they are responsible for the EC being in breach of a CTTT order, legal action against the EC and the chairperson has also been giving contracting work around the complex to her family and friends (the EC is also almost broke)

      The other 2 EC members plus two other owners (including me) now need to get rid of the other 6 so we can get the finances back in order and get common property fixed to appease the CTTT and legal action.

      Problem: out of 71 owners, 59 are investors mostly living out of town. Therefore, we have no chance of getting 75% of people to a meeting – not even 25%! I was thinking, can we write to all owners advising of the issues and ask these owners to give proxies to the two “good” EC members for the upcoming AGM?? I have been told proxies can only go to the chairperson – is that right? also, do we need to coax the 6 “dodgy” members out before we can vote us 4 in?

      Do we need to engage fair trading, adjudicator or can we just do this on our own?

    Viewing 2 replies - 1 through 2 (of 2 total)
    • Author
      Replies
    • #17817
      Jimmy-T
      Keymaster

        Firstly, any owner can be given proxies provided they are on the correct form. EC chairs would love to be the only recipients of proxies but this is not the case. Also, all EC  seats are automatically vacated at an AGM so you only need a simple majority – not a 75% vote – to replace the six members of your EC.  You simply make sure you have the same number of seats as candidates then vote your people in

        To get the proxies you require, you need to go to your strata manager and get a copy of the Strata Roll which will have everyone’s addresses on it.  Then send them a letter explaining the problems in the building and how they are costing them money

        • through lowering the value of their property (and rents)
        • through levies to pay for work done at non-competitive rates
        • and through the cost of defending legal actions and complying with CTTT orders.  

        Be very careful, though, not to defame anyone.

        Send blank proxy forms, and offer two or three names that people can put on the proxy form (or fill it in for them) and a couple of phone numbers where they can talk to you or your fellow EC member about the problems. 

        If the owners addresses are real estate agents, call the agents to make sure they pass the information on to the owners. 

        If you have a the money, include a stamped addressed envelope in your letter so that people can return the forms free of charge.  If they have already given a proxy, tell them that any new proxy supersedes any previous one automatically so they don’t need to withdraw the previous proxy.

        Get your timing right so that owners have time to respond but not so much that the incumbents have time to organise themselves. Be prepared for a nasty backlash – people like having power and they don’t like having it taken away from them.

        Meanwhile click HERE to download  the official proxy form.

        If you get enough proxies, you can do what you like with the EC – reduce the numbers and elect whomever you want on to it.  The bad guys do this al the time so there’s no reason why the forces of good shouldn’t do it too.

        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.
        #17819
        Whale
        Flatchatter

          rebekah20p – just one further comment. If your Owners Corporation ever does need to vote on a Special Resolution where that 75% figure applies, that’s not calculated as a percentage of all all Owners but rather of those who are present at the General Meeting both personally and by proxy. 

        Viewing 2 replies - 1 through 2 (of 2 total)
        • You must be logged in to reply to this topic.

        Flat Chat Strata Forum Strata Committees Current Page