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I am an owner of a strata townhouse, I am working overseas, and my townhouse is rented.
On 7th September 2017 I sent letter by email to Strata Manager (SM) and SC Secretary informing and asking SM, all correspondence to be sent by email only.
On 12.12.2016 my partner and I visited SM office, again reiterated my request that all correspondence should be sent to me by email, both SM and the lady proprietor whom we talked too agreed. At that time I was also SC Treasurer.Since that time I sent emails to SM, firstly I got replies to my emails, but lately there was no correspondence forthcoming and no answers to my emails.
Coincidently, on 21.04.2017 while talking by phone with one of the OC member I got information that on 24.04.2017 there will be AGM of our OC. I have sent two emails to SM asking for AGM Agenda, I didn’t get any response.
Finally I received Agenda and proxy copy a few hours before AGM from an OC member. I sent proxy with my note how to vote on my behalf to SM and asked for acknowledgement and confirmation of receiving it – didn’t get acknowledgement, my email was ignored by SM.
I also sent my proxy with note to other two OC members. One of them printed my email and gave the SM just before AGM. I self-nominated to Strata Committee in my proxy. During the AGM, SM said that I am absent and I didn’t send proxy so I can’t be elected to Strata Committee. In the AGM minute strata manager wrote:
‘Note: Lot 6, [owner] – self nominated as strata committee member under notes provided to [strata manager] but was not present at meeting’
But there were two other OC members (self-nominated) who were not present at the AGM but they were elected to the Strata Committee.
Since January2017 our OC has new bank account for which I didn’t get details, I can’t pay levies; I have sent several emails asking for bank details, without answer. Fortunately I had big overpayment so I am not in areas as yet (i.e. I am still financial and can vote), but still not having account details.
I am located in Sydney NSW so all should be done according to the SSM Act 2015 No 50 – I assume.
I think SM is in breach with the current SSM Act 2015. Please advise what can I do?
I am thinking to organise EGM to make the Strata Committee illegally elected and a new Strata Committee members.
I hope I clearly stated the problem.
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Does seem puzzling that your emails are being ignored. You don’t say whether you are part of a large or small scheme – which may make a difference if you decide to call a EGM. In NSW you need the strata committee to request a EGM (sounds unlikely from your comments) or you will need to obtain the signatures of 25% of lot owners.
If you can arrange an EGM then you can place motions on the agenda to remove the current committee, to allow electronic distribution of notices and electronic voting so that you can fully participate whilst overseas and know that the majority of owners support this view.
Any efforts to dismiss a committee however must be carefully thought through as pushback is likely and may not be pleasant. Having said that, I can assure you it can be done – having done it myself when the majority of owners of my scheme believed me when I explained that the current committee was in a stalemate (It was wonderful to have the committee sacked, then have those that were doing the right thing reinstated and others removed).
You will need to be prepared to attend the meeting in person and make the case for all the motions yourself.
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