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Hello All
I was wondering if it was possible at an AGM to Table a comment DURING the meeting?
Reason why is I had to report several issues with two Residents some months ago – Don’t know if they were owners of tenants, however I feel that Strata Managers who control all the correspondence may bring up the two issues formally in the AGM.
If so, I don’t want to get into a verbal battle/ explanation of something that took weeks to resolve.. wasting AGM time, and probably not being to explain myself very well.
What I would like to do is only IF the issue(s) are brought up formally during the AGM: e.g. “Steve you did XYZ why did you do these actions?”
reply with:
“It is too long to try to explain in the AGM. I would like to formally Table a Record of Conversation (ROC) on this subject with Strata Managers to join the AGM report that Strata Managers will disseminate to all Owners so that all can see the issue for themselves.”Does ‘Tabling’ anything require the issues to be Tabled first or can, as above ask for it to be formally added to the report IF it is mentioned?
I would be worried about there being a privacy issue with the Record of Conversations, however ONLY if Strata Managers formally ask me to explain myself in the public AGM meeting would I reply to this with the ROC , as the Strata Managers would knowingly be asking me to talk about third persons, so it’s not my breach of privacy, but theirs. (Strata managers and myself being the only correspondents in the Record of Conversation, but talking about residents’ behavior/actions)
Do you think this would work and be acceptable to Strata Managers, especially if the Record involves their Conversation/Directions to me?
Thank you for any feedback.p.s. reason why I am covering myself, is that I have been told that Strata have found it possible to Exclude someone else permanently from the AGM whom I know to never be abusive, and I cannot think of any reason why they would be blocked from the AGM except to control them, so I am trying to plan fully what I say, and have everyone fully know what resulted instead of there being hearsay and partial explanations before someone in the AGM interrupts me.
None of the Owners can really talk to anyone else, and we can only talk to the Chairman through Strata Managers.
There is no ability for me to rock up to someones apartment and say “gday, hey did you know that your ……”
Thanks for any feedback
Steve
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I was wondering if it was possible at an AGM to Table a comment DURING the meeting?
If the item isn’t on the agenda, it shouldn’t be discussed. If it is on the agenda, you can ask that your report should be accepted and minuted, albeit as one side of the story. The other owners may object as they may want to put their point of view too.
That said, it is unlikely that the strata manager or chair would want to air a dispute between two or three owners unless the OC was directly involved.
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.
In most stratas I have been involved in, the committee usually seeks to document only what it considers was resolved at the meeting. This may be a true refection of what transpired or may be a willful distortion of what transpired. But in nearly all cases, committees do not include what they consider to be extraneous comments eg he said, she said etc, because for them (and for the strata mgr) there is no upside to including such comments.
…. in the public AGM meeting ….. so it’s not my breach of privacy, but theirs……. I have been told that Strata have found it possible to Exclude someone else permanently from the AGM ….
Strata meetings are private meetings. (ALLIANCE CRATON EXPLORER PTY LTD v QUASAR RESOURCES LTD [2010] SASC 266 (27 August 2010))
There is no common law right to privacy so i would be interested in what breach of privacy and what piece of legislation gives that right.
I would be asking by what authority the exclusions are occurring. There is a right to attend meetings both committee and general meetings.
“Strata” is who, the OC, the agent, someone else?
If the item isn’t on the agenda, it shouldn’t be discussed.
Better expressed that “if the item isn’t on the agenda then no decisions should be made about it”.
It is fine to discuss it, just don’t go making decisions.“Importantly, the committee is bound by this agenda and not able to vote on a matter unless it is specifically listed. This requirement applies regardless of whether a matter is discussed in ‘general business’ or at any other point in the meeting. It would generally be the responsibility of the chairperson to declare a motion invalid if proper notice has not been provided.”
Rod Stowe (Fair Trading Commissioner Ref: FTMIN14/1685)The same would apply to a general meeting.
Although it is highly unlikely that the lack of an agenda item denies capacity to make a decision (Sher Global Enterprises Pty Ltd v Owners – Strata Plan 31758 [2018] NSWSC 1057)
Better expressed that “if the item isn’t on the agenda then no decisions should be made about it”. It is fine to discuss it, just don’t go making decisions.
I should have said that items not on the agenda shouldn’t be discussed during the formal part of the meeting. A smart chair will delay discussion until after the agenda has been attended to and the formal meeting has ended, if only to make sure there is no confusion about whether or not a decision has been made.
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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