kezza111

Hi Jimmy,

This is what the Standing Orders are and was accepted by the majority of owners at our last AGM via a motion for all meetings for the next 12 months…it is not supported by a By-Law.

1. The meeting will be governed by the terms of Schedule 1 of the NSW Strata Schemes Management Act 2015 and relevant regulations.* 
2. The meeting must be chaired by the elected chairperson unless they are absent or unable to do so, in which case those in attendance and entitled to vote must elect a chair for the duration of that meeting.* 
3. Owners who wish to be represented by a proxy at the meeting must nominate that proxy in writing before the start of the meeting or as soon as possible thereafter. 
4. In the interest of fair hearing for all owners, owners represented by a nominated proxy may not also speak on issues if they have nominated a proxy to speak on their behalf.  Only one speaker is allowed per lot and the chair may rule additional speakers out of order. 
5. The chair should make it clear to non-owner proxies that they are bound by the Standing Orders. 
6. The committee will consider the items on the agenda in the order in which they appear unless a majority of the committee agrees to change the order at the meeting. 
7. The Chairperson will allow each owner or their nominated proxy to speak only once on a topic until everyone who wants to speak has had a chance to do so. The same restriction will apply after each time an attendee speaks. 
8. Attendees and members who interrupt, talk out of turn or talk over other members may be warned verbally that their behaviour is not acceptable. 
9. If the interruptions and disruptive behaviour is repeated despite a warning, the chairman may declare that they will ‘name’ the miscreant in the minutes of the meeting. 
10. The meeting will be called to a close after the final item on the agenda has been discussed and voted upon. 
11. There is no “any other business”. Any items not on the agenda can only be discussed informally after the end of the meeting and no vote should be taken or recorded.*
12. *Items 1, 2 and 11 are part of NSW strata laws or regulations.

 Thanks.

Interesting responses!

DoFT confirms that general and strata committee meetings are considered “private meetings” as members of the public cannot attend these meetings.

Any discussions which takes place at a general or strata committee meeting are considered “private conversations”.

If all of the participants to the private conversation consent, expressly or impliedly, to the listening device being used to record the conversation, the conversation may be recorded.

If a person uses a listening device to record the discussion during a strata meeting without the consent of all the participants in that discussion, the person will normally be breaking the law.

A strata meeting has the inherent power to regulate its own affairs subject to the applicable legislation and rules. This includes power to regulate the manner in which meetings are conducted such as whether or not the proceedings of a meeting can be recorded.

If there is disagreement among those present at a strata meeting as to whether or not the meeting should be recorded, that disagreement can be resolved by a vote of those entitled to vote at the meeting or the chairperson may make a ruling.

The rules regarding the right of a person to record a strata meeting are not well understood and can cause controversy.

The right of a person to record a strata meeting is not unfettered.

If a person insists on recording a meeting after being told that he or she is not permitted to do so, the chairperson may ask that person to leave the meeting or alternatively adjourn the meeting.

Any audio recording of a meeting brings into question whether or not the meeting will be heard by other non-strata members at a later date and whether the owner’s privacy will be respected.

Breach of the Privacy Laws is a criminal offence.

Thanks guys.

As the chair I’ll take your recommendation and say so at the meeting that the by-law is not in breach but take a vote to confirm that.

Does this mean that the owner who submitted this motion for inlcusion into the agenda and the two owners that it refers to have to abstain from voting as it would be a “conflict of interest”?

PS: I have FINALLY found a licenced Strata Manager (branching out and starting up her own business) to take us on! Yay!!! But she has said that after 12 months if there continues to ibe nternal disputes/conflicts and no moving forward with deadlock votes in regards to common property repairs/replacement then she will resign.

Following on from our AGM, I’m going to have to go Mediation/NCAT under Sect 232 as an owner to force the OC to replace the boundary fence and to replace main bedroom windows (seized and 50 years old) to be compliant with the child locks legislation….again deadlock decisions made by our OC.

But….I’m still happy that someone is prepared to take us on! 🙂

Sorry I got side tracked…do these three owners have to abstained from voting as it relates to them?

This particular owner has now come back to me to ask if she is able to stand down her proxy and reinstate her proxy on a motion by motion basis at our next EGM so she has the opportunity to voice her own opinion and vote rather than be an observer (as per our Standing Order).

Can you please confirm if the owner wishes to vote at the owner of her Lot than the Proxy is null and void for the rest of the meeting?

Or can the owner reinstate the proxy throughout the course of the EGM when it suits her?

Many thanks.

Thank you JimmyT.

Another question.

To make it clearer for the owners on how we should discuss these matters going forward..am I able to put in a motion for the OC’s approval at the next general meeting that all concerns and issues in relation to allege by law breaches and causing a nuisance for others be communicated to the Secretary of the committee only and not directly with each other which causes the defending owner to become defensive.

I want to take the emotion out of this situation as much as possible.

Thank you JT and Lady P,

I have advised the neighbouring SM of Lady P’s proposed action going forward.

Their SM will get back to me with a decision from their OC.

Thanks again for your help guys!

Thank you JT and Sir Humphrey.

Having been also named in the minutes as a miscreant owner did not deter her at all.

I will put forward a proposal to have the Standing Orders adopted as a By-Law at our next EGM in a few months time.

If this By-Law does not get approved, then I will go down the other path of mediation and then NCAT under Sect 232 as per JT’s recommendation.

It has given me and the other owners hope of getting this situation back under control and put the focus back where it should be, on the management of our building.

Once again thank you for your invaluable advice.