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Hope you’ll bear with me, I have a few more, hopefully simple, question. Thanks for your help thus far.
An agenda for an Executive Committee meeting has been placed on our common noticeboard. It refers to the minutes of the recent EC meeting three weeks ago, immediately after our Annual General Meeting.
But the minutes for that meeting haven’t been put on the noticeboard (the usual practice here) nor have they been mailed or emailed to us by our Strata Manager.
Also, there is no venue mentioned for the meeting which has happened in the past, so those taking an interest could attend if they wanted to.
Finally, the agenda items are almost all from one to three words, such as ‘Lights’ or ‘Unit 41 mould’. This seems odd.
After three years of great progress and transparency here in our strata it seems The Mushroom Principle is being re-embraced and we’re about to take steps backwards. Would I be justified in making some noise about some of these items? Is anything against the rules or bad governance.
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Replying to as one cetacean to another…..
I’m a little confused about which meeting/s you’re referring to, but as your most recent post (#2) refers to a period of 72 hours notice, I’ll assume that it’s an executive committee meeting, as general meetings require 7 days notice.
OK…… so back to your original post (#1), it’s a requirement in Sch.3:Cl.16 of the NSW Strata Schemes Management Act (SSMA) that the minutes of executive committee meetings (ECM) must be distributed to all owners either directly, or by placing them on the Owners Corporation’s notice board where one exists, within 7 days of such meetings and the latter case left on display for at least 14 days. The anomaly is that there’s no equivalent requirement for the minutes of general meetings (GM), other than for those to be provided with the agenda for the next general meeting.
Both ECMs and GMs must have “notices”, and in the case of the former the SSMA prescribes that it “must specify when and where the meeting is to be held and contain a detailed agenda for the meeting” [Ref: Sch3:Cl.6(3)]. Similarly, the SSMA requires that notices for GMs must include “forms of motions” comprising a detailed agenda, and compulsorily include at least the matters shown at Sch2:Cl.34-36.
I think the above covers what the “rules” require, and bad governance or otherwise, non-compliance with the SSMA to the extent that it would have altered the decisions taken at the respective meetings (and no notified venue alone would qualify) could justify you making some “noise” and if necessary to advise your E/C Secretary of the possibility of you seeking Orders to invalidate decisions taken at the meeting/s under Sect.153 or Sect.154.
Sorry for all the links, but it’s better than cutting and pasting equivalent sections of the SSMA.
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