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  • #39426
    annoyed007
    Flatchatter

      Hi

      I have posted here a couple of times and cannot believe I am posting again!! The joys of strata living.

      I recently attended my first AGM as a new owner in a block of four managed by a strata company which will reman unnamed. Prior to the meeting, we requested that the strata manager add several agenda items which all related to expenditure and work to common property.

      At the meeting, three lot owners attended. The third did not attend and did not provide a proxy vote.

      Four weeks after the meeting we started to chase up the minutes due to a dispute over who had agreed to pay for painting (whether it was to be split between lot owners or paid for solely by strata). When the minutes were received, none of the agenda items sent to the strata manager (with notice) were included, nor was there any record of the decisions we had made about expenditure.

      Several weeks later, the lot owner who did not attend, made contact and alleged they did not receive notice of the AGM from the strata manager and did not agree with the decisions we had made (the ones which were minuted- the standard motions were minutes thankfully).

      One of the owners who voted on several motions, decided to change their mind and side with the owner who did not attend.

      We have asked the strata manager (and his manager) for a please explain several times but continue to be ignored.

      My question is, do our decisions made and minuted – as voted by three owners, still stand? or is the whole process void?

      Thank you

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    • #39470
      kaindub
      Flatchatter

        First the easy answer. An owner is deemed to have received notice of the AGM if it was sent  in time and it was sent to the address in the strata roll. That’s just the law and it applies to more areas than strata.

        Warning to all owners, know when your AGM should be and follow up the secretary.strata manager if you don’t get a notice when you expect it.

        Secondly. Did you submit your agenda items after the AGM was called? Items submitted after the General Meeting has been called can be discussed, but no motion can result from them, because they were not on the agenda.(The purpose of this is to ensure that owners who are not in attendance can have a vote on every motion)

        Thirdly, anything resolved by a motion at a properly constituted General meeting, is what has been decided. If an owner was not aware of the meeting, the result of the motion still stands. If an owner gets cold feet and wants to change his vote, then the owner needs to submit a new motion ( to reverse the previous motion), submit it to the secretary/ strata manager and have it scheduled for the next general meeting.

        The strata committee can also reverse the motion (at a properly constituted SC meeting), again if a motion is received from the aggrieved owner.

        good luck

        #39480
        Jimmy-T
        Keymaster

          The previous post was all making perfect sense until this:

          The strata committee can also reverse the motion (at a properly constituted SC meeting), again if a motion is received from the aggrieved owner.

          Given that the Act specifically says that decisions by the OC at a general meeting supersede those made by the committee, I’m not sure that’s true (I’m also not sure it isn’t!).

          However, there asre a couple of things that should be taken into consideration here.

          Firstly, under Section 25 of the Act, you only have 28 days after a meeting to claim that the decision was invalid becasue you were denied a vote.  Even then, if the missing person wasn’t given the agenda, their vote would still have to have made a difference for that challenge to stand.

          Also, if the complainer and the waverer now want to revisit this at committee, you can halt that discussion even happening under Schedule 2, Section 9.3 (below) which means that one-third of all owners (by unit entitlement) can petition a committee, before the meeting, not to even discuss a motion on the agenda.

          The actual motion under discussion seems to be strange – what’s the difference between “the strata” paying for painting work and the owners sharing the cost?  (I think I know the answer but I’m curious).

          Finally, you may have solid grounds for getting rid of your strata manager.  You might want to consider that option.

          SCHEDULE 2, Section 9: Decisions at meetings

          (3) Decisions to have no effect if opposed by more than specified owners 

          A decision of a strata committee has no force or effect if, before the decision is made, notice is given to the secretary of the owners corporation by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.

          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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