Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #66585
    Dodd
    Flatchatter
      We are confronted with a Body Corporate that ignores the Strata Act on Executive Meetings & keeping Unit Owners fully informed on discussions regarding building issues, fails to notify of Executive Committee meetings, agendas & minutes.
      When confronted by owners, the reply is ” why do you want to know everything” and ” we (the executive committee) are happy with the way we are running things, and don’t intend to change”.
      How do you think we should approach this to ensure the Strata Act rules are followed, and Owners are fully aware and contribute to issues under discussion ?
    Viewing 2 replies - 1 through 2 (of 2 total)
    • Author
      Replies
    • #66757
      Jimmy-T
      Keymaster

        This is a common complaint in strata schemes and committees (and owners) can get very lazy when things appear to be running smoothly, although that may only mean that important issues are being ignored.

        However, rather than taking a blanket approach with your complaints, break them down into what are the more obvious issues that have simple solutions.

        In this case, the committee is required by law to issue agendas and minutes of their meetings.  Have a look at Schedule 2 of the Strata Schemes Management Act (it’s near the end of the document).

        It outlines the requirement for notices of meetings (three days prior) and agendas. It also says minutes should be  distributed withing seven days and establishes your right to attend these meetings (but not necessarily to speak).

        You could send the chair, secretary and strata manager a note saying something like:

        I wish to establish my rights and the committee’s responsibilities under the NSW Strata Schemes Management Act. They are as follows:

        1. The secretary of the committee (or strata manager) is legally obliged to publish a notice of strata committee meetings, with detailed agendas, three days before any such meeting (Schedule 2, Part 2).
        2. The secretary of the committee (or strata manager) is legally obliged to distribute accurate minutes of a meeting, including decisions made, within seven days of the completion of any strata committee meeting (Schedule 2, Part 3, Section 17).
        3. As an owner, I am entitled to attend all strata committee meetings.  (Schedule 2, Part 3, Section 13).
        4. As an owner, I am entitled to view all records, documents and correspondence conducted by or on behalf of the Owners Corporation, subject to the terms of Division 2, Section 182 of the Act.

        Please let me know in writing why any or all of these conditions should not be met by the strata committee of [take in strata scheme SP number], its office bearers or strata manager.

        Or, preferably, immediately take steps to ensure that I am furnished with notices of meetings, agendas, minutes and am allowed to attend meetings and view documents under the conditions set by the Act.

        If that doesn’t work, you could get a strata lawyer to send a similar letter, but this time outlining the possible consequences of the committee’s failure to abide by strata law.  Good luck.

        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.
        • This reply was modified 1 year, 9 months ago by .
        #66878
        Jimmy-T
        Keymaster

          Thanks Jimmy.

          I find the suggested first step very positive as the initial approach.
          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.
        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