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  • #8814
    Felix
    Flatchatter

      How can one prevent the use of Skype at an AGM?

      We are a block of 39 units and one person , who lives interstate, wants to use it.  

      Can the Owners ask for a vote to be taken regarding the use of Skype and if they can should it be brought up before the meeting.?

      I would presume it would be a majority vote and as some Owners will hold proxies, can these proxies be counted also if a vote is taken.

       

       

       

       

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    • #18390
      Whale
      Flatchatter

        In NSW, the Act refers to a quorum being determined from those people  present at the Meeting, either personally or by duly appointed proxy, and for electronic technologies being (only) used to submit proxies and other documents to the Meeting.

        So in response to your questions, I’d say that the Chairman could call for an agreement to the use of Skype from those personally present prior to calling the Meeting to Order, but not from proxies as they apply to only to the proceedings of the Meeting. I’m of the opinion though that irrespective of what may be decided prior to the commencement of the Meeting, a strict interpretation of the Act would preclude the use of Skype except for person/s to observe the proceedings.

        All that said, why would you not accept a Motion proposing a slightly lenient interpretation of an Act that’s 17 years old, if that meant that Skype or similar “newer” technologies could be the means to facilitate more Owners’ participation?

         

        #18391
        Jimmy-T
        Keymaster

          To address the original question – how do you prevent the use of Skype – the answer is implied in Whales’ response … it’s more a matter of how you you allow it or otherwise.

          There is no provision under the Act, as Whale said, for Skype to be used.  It’s simply a matter of the people at the meeting agreeing to use it.  However, strictly speaking, the Skyper would have to have arranged a proxy at the meeting to vote on their behalf.

          One word of caution, though.  I am told that while Skype allows greater participation, it also has a tendency to focus the whole meeting on the person who is on the screen, rather than people who are present at the meeting.

          It’s a natural response to the presence of the screen but it can, somewhat ironically, allow the person who’s not there to dominate the meeting.

          I’d rather see EC meetings podcast – so at least people can see what’s going on – than set up basically the same technology for the benefit of one person.

          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.
          #18392
          Felix
          Flatchatter
          Chat-starter

            Thanks for your comments Whale.

            I think that you and i are looking at this issue from 2 different perspectives.

            You are assuming that Skype or similar “newer” technologies could be the means to facilitate more Owners participation.

            I would agree with that possibly for large schemes but I’m talking about 39 units only for the benefit of the Sec. who lives interstate, which is ridiculous.

            I have observed the use of Skype for numerous EC meetings over the past year and I can tell you it’s a real pain in the tail.

            There are numerous interruptions during the meeting due to breakdowns and the EC has a tendency to look at the screen to see what the one person has to say and not keep their mind on the issue at hand.

            It prolongs the meeting and with a lot on the Agenda, it disturbs the flow and the meeting can go on for hours, often with no result.

            While you state it can allow more Owners to participate, in this instance it’s for one person only.

            I feel if that it is that important for that individual to want to be heard, then they should make the effort to be present personally and not have to inconvience all other Owners present by having the meeting drag on.

            And believe me it does drag on!!  Particularly with a lot on the Agenda!!

            #18393
            Felix
            Flatchatter
            Chat-starter

              Whale  

              You suggested that the Chairman be asked to take a vote by the Owners present before the AGM regarding the use of Skype.

              In anticipation, what would the Owners due if the Chairman would not take this to a vote?

              #18395
              Whale
              Flatchatter

                Felix – should the Chairman refuse to conduct a vote by those personally present prior to the commencement of the procedural part of the Meeting, whilst still permitting the absent owner to actively participate in that Meeting as opposed to just observing, then owners should advise the Chairman that the subsequent  Meeting procedure would not comply with Schedule 2 Sect 12(2) and 22 (1) & (2) of the NSW Strata Schemes Management Act (1996) and they’ll be applying for Orders under Sect 153 to invalidate any resolutions then taken at that Meeting.

                As a point of compromise, I’d also inform the Chairman that if a Motion to accept electronic technologies as a means to facilitate owner participation is put as a Motion on the Agenda for the next General Meeting, then you and other owners would of course be prepared to consider it in the context of then current Legislation (there may be new strata laws by then).

                In the event that there’s no compromise, I’m not a great fan of the adjudication process particularly and as Sect 153 gives an Adjudicator a number of reasons to refuse Orders, such as where a non-compliance with the Act “did not adversely affect any person”, or where that “would not have resulted in a failure to pass the resolution..”. So unless those “outs” are negated by whatever eventuates at the Meeting I’d be somewhat skeptical about your success with that approach… except for the fact that the Skyper is the Secretary.

                The prime role of the Secretary is “to prepare and distribute minutes of Meetings of the owners corporation….” (Sect 22), so unless the Skyper requests that role to be delegated for the Meeting and that’s accepted by those present, then the physical absence of the Secretary may carry some weight with an Adjudicator; after all it’s difficult enough to take accurate minutes when the taker’s personally present, but when they’re on Skype…!

                #18396
                Felix
                Flatchatter
                Chat-starter

                  Thanks very much for your comments Whale.  They’re very much appreciated!

                  I was looking for two or three key replies which you have provided!

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