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  • #75110
    timSP
    Flatchatter

      NSW. Our plan had an AGM last week of June – 25th..

      Pre-meeting Paper vote, no actual physical meeting.

      The 2 motions dealing with strata committee election were:

      6. STRATA COMMITTEE NUMBERS
      (a) That the number of members of the strata committee be determined as three.

      and

      7. STRATA COMMITTEE NOMINEES
      (b) That [person A] be elected as a strata committee member
      (c) That [person B] be elected as a strata committee member
      (d) That [person C] be elected as a strata committee member

      Motion 7 was DEFEATED, as was informed by the secretary (at the time of the meeting), and as such informed that our plan has been left without a Strata committee.

      Additionally, we have still yet to be given the minutes of the AGM meeting,

       

      Questions:

      Is this correct, that if the motion 7 was defeated, that the nominees weren’t elected and therefor the plan currently has no elected strata committee members?
      Who is currently instructing the strata managing agent?
      Is this legal? What happens now?
      As the minutes have still yet to be provided, what can be done about this?

       

       

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    • #75120
      Sir Humphrey
      Strataguru

        Years ago when certain members of our owners corporation (OC) were making life difficult for its committee members, I asked our managing agent what would happen if nobody was prepared to accept nomination to be on the committee and so the AGM failed to elect a committee. She said that she would still have a management contract so she would continue to act as our agent. However, every time there was a decision that required instruction from the OC, there would not be a committee that could give her instructions on behalf of the OC so she would have to call a general meeting to give her instructions. She expected that it would not take long for enough OC members to get sick of having general meetings for every little thing that they would get their act together and elect a committee.

        #75133
        Jimmy-T
        Keymaster

          This post ignores our rules on double dipping by starting a new thread on an existing topic.   I have had to faff around trying to find the topic to which it should be related – and I got it wrong! Hence the word “Split” at the begining of the title.

          The original discussion is here: Paper AGM agenda only allows re-election of current committee – FLAT CHATFLAT CHAT

          Please continue the discussion here.  I will pull it all together when  I can find the time.

          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.
          #75141
          Jimmy-T
          Keymaster

            If the three people named were the only nominees for the committee, then there would have been no need for an election and so they would form the committee.  This could be challenged if someone want to nominate at the meeting but couldn’t do so because there was no meeting. Alternatively, if paper nominations in excess of the number of seats were permitted and a “paper” vote was allowed, that could and should be challenged, because you can’t have a strata committee election using pre-meeting ballots.

            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.
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