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  • #61481
    Mailbox
    Flatchatter

    Can an owner vote to approve the minutes of the previous meeting which they did not attend.
    Apparently nothing in the Act.

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  • #61483
    Jimmy-T
    Keymaster

    I think the over-riding principle here is that all (financial) owners can vote on anything to do with the strata scheme.

    However, if there was a dispute over the minutes, you could ask anyone who did not attend the meeting to abstain from voting.  Failing that, you might register an objection to the minutes, possibly as an amendment to the motion of approval.  In a very extreme case you might even take a case to NCAT under section 232(1)(a) and (e) (below).

    The Act requires OCs to keep a “full and accurate” minute of proceedings at their meetings. The definition of “full” is open to interpretation – does it mean every word spoken, or just a list of all the items discussed? But accurate is quite clear – they can’t minute that they agreed to do one thing when the vote went the other way.

    So, if your strata secretary has prepared minutes that are significantly inaccurate, and their cronies and passive supporters are likely to vote with them, you should ask yourself how serious the breach is and whether or not you can prove it.

    If it’s a relatively minor irritation and/or you have no evidence, speak up at the meeting then let it go.

    232   Orders to settle disputes or rectify complaints

    (1) Orders relating to complaints and disputes

    The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following—

    (a)  the operation, administration or management of a strata scheme under this Act,

    (e)  an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme.

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