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We just had a strata committee (Zoom) meeting that included motions supplied by me, over 6 months ago.
They included illegal parking by SC members – I asked for a Notice to Comply to be issued – and paying SC member without timely approval. I asked for the money to be repaid to the OC. (Note, the pmt by the OC was made in 2020 to a SC member and approved at a general meeting 6 months ago, some 18 months after it was made. When it was approved I argued that the SSMA demands that pmts be approved to SC members before they are paid and that any retrospective approval – to cover themselves – is a breach). Note, when pmt was made in 2020, it was not made public. I stumbled upon it a year after it was made.
At the SCM today I was told by the agent that I can talk about the motions only if authorised by the SC and the SC said I can talk until they tell me to stop. So after all agenda items were done and dusted, I asked to speak, I began and was stopped under a minute from starting.
Can they do this? Is their behaviour a breach of the SSMA? If so, what are my options?
After all, how can I explain my position at the meeting if I am muzzled from explaining the motion?(No prizes for guessing the SC did not find their parking on CP to be a breach nor their secret pmts (retrospectively approved) to be a breach).
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Yes they can.
Your best forum is the AGM.
Also be careful about challenging payments. Committee members generally cannot be paid for doing committee work. However let’s say the treasurer does gardening work. Provided the arrangement is at arms length, payment for such services is proper.
My understanding is that Section 46 of the Act does allow an Owners Corporation to authorise a payment to a committee member in recognition of the services they have performed during the preceding year.
However from your post it sounds like a committee member/s are contractors providing services to the building. I think as kaindub mentioned that you should raise this at the AGM and agree with the OC on: 1. a contractor selection criteria and bidding process that is transparent and competitive; and 2) contractor documentation requirements.
If discussing at the AGM is not an option perhaps you should be considering mediation, via NSW Fair Trading to resolve the disputes: https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/resolving-disputes-and-mediation
It is far worse in Victoria. Here Committee claims “confidentiality” on everything, including their email discussion on Owners Corporation matters and even their
addresses. You are not to know what Committee are doing. VCAT may NOT make them reveal their activities. Civil and Administration Tribunal in Victoria is a joke. The losing side has to pay all legal costs of the other sides; you need big budget to hire the best lawyers for a win, and it costs no less than going to a County Court or Supreme Court.Lot Owners seem to be the cash cows of OC Management.
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