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At our January AGM we finally voted to repair the failed retaining wall.
Our Strata Manager has sent us some quotes and asked the committee to select one. The Secretary is responsible for communicating that decision back to the strata management.
However, the Secretary was against the motion because he doesn’t want to spend the money. He has since decided that if he simply refuses to respond to emails, then the problem will magically go away.
He has the support of other clueless, short-sighted owners who also don’t want to spend money, even when we are clearly in breach of s106.
Question: I am the chairperson. Can I overrule him?
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In NSW, functions of the chair are set out in section 42 of the SSMA. They don’t include over-riding the secretary whose functions including giving notice of each meeting specifying the business etc etc.
If you use your right as an owner to request a meeting to consider the retaining wall, the secretary can either do so or not, in which case you go to NCAT. See section 106 about duty of the OC to maintain common property and section 126 about relevant orders.
Your OC may need a new secretary soon. Decide now whether you’re interested in the job.
I would just include an item on the next strata committee agenda that the role of secretary be vacated and a new one elected. This can all be done within the strata committee meeting – although the sacked secretary will still be hanging around like Banquo’s ghost.
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.
Call an extraordinary general meeting (EGM) of the owners. You need 1/4 of the owners (or unit entitlements) to ‘earn’ the right to call an EGM.
I have a couple of ideas for the agenda:
1. replace the secretary
2. present all the quotes to the owners and let the owners select one.
You need to explain to the other owners that the secretary is working against a motion that has already been passed by the owners corporation. You already voted to get the work done. The strata committee is delegated to do the work of the owners corporation. If it is failing to do this work, the owners corporation should take over.
Please remember that the strata committee (and strata manager) work for the owners corporation. The owners corporation is ultimately in charge. They don’t want you to know that because it would make life difficult for them.
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