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Topic
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If an EGM has been allocated a date by the Strata Manager, is there a way to stop the meeting from going ahead? Is there a difference if arranging this EGM was part of a signed settlement agreement at mediation involving NCAT(NSW) and attended by the applicant and a representative of the Owners Corporation ?
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Replies
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If there was something irregular about the way the meeting was called then maybe. For example, insufficient notice given according to the Act or the notice lacked something required by the Act.
However, we had a matter that the EC wished to put to the owners at a general meeting. An owner who took a different view from the EC on the matter applied for orders from the ACAT (ACT equivalent of the NCAT) to stop the meeting going ahead.
The tribunal heard the matter but slapped it down pretty briskly saying that it was not appropriate to preempt the decision of the OC at a general meeting. Indeed we argued, and it seemed to be accepted by the ACAT, that it did not have the power to prevent an OC from meeting.
If the meeting has been called to comply with an order from the NCAT then it seems even less likely that the tribunal would give orders to stop the meeting from proceeding.
enquirer – some of the possibilities are that the Executive Committee Secretary can postpone or cancel a General Meeting, notwithstanding that the Strata Manager has convened it under a delegation contained in their Agency Agreement with the Owners Corporation OR an adjournment may be called for at the Meeting itself by anyone in attendance there who’s entitled to vote.
A lot depends upon whether the mediated decision was issued as an Order (by a NCAT Adjudicator) or just as a written statement of the outcomes agreed between the parties.
A little more background information would help with more definitive responses!
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