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  • #10583
    Anonymous

      Hi

      This is a question in relation to Executive Committees and NCAT.  Myself and one other owner recently took our EC to mediation about roof damage and breaches of by laws.  I have received today our Notice of Meeting for our AGM with a motion on the agenda that the OC pay the costs/expenses of our Executive Committee preparing for and partial attendance at the mediation.  The cost is $1,116.  

      Can they do this?

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    • #25274
      Whale
      Flatchatter

        As eniquitous as it sounds, Cl.25 of the NSW Strata Schemes Management Act provides for Executive Committee Members to be paid for services performed for the Owners Corporation where that’s in accordance with resolution passed at a General Meeting.

        So provided the services have been performed (i.e. not an undertaking) and they’re properly documented, then YES payment that in my opinion should be as a reimbursement of expenses incurred can be made if the O/C so determines by a majority vote.

        #25276

        Hi…

        Thanks Whale.  Just in relation to that, I have seen that there has been an already reimbursed amount of $994 to two members of the EC for “Sundry Expenses” incurred throughout the year.  They consists of garden products, a website set up and a general EC expense.  On recollection, for the past 7 years there has always been some kind of reimbursement of a sundry expense to the Secretary.

        Would this have required an approved resolution at an AGM?

        #25277
        Sir Humphrey
        Strataguru

          I would not be automatically suspicious of reimbursement of EC members’ expenses. You probably have a line in the budget for gardening and an EC member might find it quicker and easier on some occasions to buy certain supplies for the common property gardening from their own pocket. If they keep the receipt and arrange for reimbursement through the treasurer and/or managing agent, I would think that is appropriate if the expense was an appropriate gardening expense. I would expect that cost to then be assigned to the gardening line of the budget. 

          Ditto for costs associated with a website for the OC. Perhaps easier to pay personally and get reimbursed. As long as the expenses are assigned to the right lines of the budget and reasonable and appropriate etc then it is probably just pragmatic rather than dodgy. Only worry if the treasurer can’t give a reasonable account of things (after giving reasonable notice so they can give a good answer. Don’t ambush the probably honest volunteer treasurer at the AGM). 

          #25278
          Jimmy-T
          Keymaster

            And just to add my full reimbursable two cents worth, the payments that aren’t allowed are those for future work done.  Payments to EC members can only be made retrospectively and have to be approved at a general meeting.

            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.
            #25280
            Whale
            Flatchatter

              supersleuth —

              Jimmy T said……the payments that aren’t allowed are for those for future work done.

              ……which mirrors my more oblique reference in post #2 to a permitted reimbursement for works performed and not for an “undertaking” to do so.

              Peter C is also correct by observing that while it may be in some circumstances quicker and easier for a committee member to purchase something like a bag of lawn food and to have that expense reimbursed, it MUST be accompanied by a sales receipt, be booked to an appropriate account such as “gardening supplies” where sufficient budgeted funds must exist, and be used on the Common Property of the Scheme and not on any lot owner’s property.

              A reimbursement of that type would not come under Cl.25 as it’s not a payment for work performed by an E/C Member as part of their role of say, Secretary. So prior consent via a resolution at a General Meeting would not be required, although some limitations on the amounts and types of such expenditures that may be in future permitted would be an apropriate resolution at your upcoming AGM in my opinion.

              That’s a lot of prerequisites, which is why for those same reasons of quickness, ease, and one more that I’d add of transparency, I’ve never encouraged it or permitted any catch-all accounts such as “sundry expenses” and “general maintenance” in the Scheme that I was managing.

              #25281
              Sir Humphrey
              Strataguru

                Our OC does have a ‘Miscellaneous Expenses’ line in the budget but it is less than 1% of the total budget and I always write a “Treasurer’s Report” in which I explain what expenses were put against that line. Usually we do have a few minor random items that are genuinely miscellaneous and don’t fit any other budget line. Eg. recently we bought an updated, current edition of a book on meeting procedures that our first AGM in the 1970s had decided would be the rules for our meetings, there was a minor website cost to renew the domain name, and some minor printing costs for a couple of newsletters.  

                Worry if a substantial fraction of expenses is under ‘miscellaneous’ although it probably just means that the category should be broken up into several specific explicit purposes. 

                #25283

                My concern is that we used to have an independent gardener & then the Secretary starting dating a landscape gardener & now we don’t. Every so often we have an expense of a few hundred dollars for “gardening products”..

                Will the new strata laws address this?

                #25284

                Also in relation to this… The EC has a budget of $7,000 which allows them to use without having to go to the OC for repairs etc. Is this the same?

                #25285
                Sir Humphrey
                Strataguru

                  @supersleuth said:
                  Also in relation to this… The EC has a budget of $7,000 which allows them to use without having to go to the OC for repairs etc. Is this the same?  

                  You do want the EC to have a budget for repairs so things can be repaired promptly without having to wait for a general meeting. Indeed, if the repair is serious enough, I would say they are obliged to fix it promptly even if it means going over budget. If the money has been spent but the EC does not seem to have repaired anything, then you worry.

                  Actually, don’t worry immediately. Just talk to the treasurer and ask nicely. Most likely all can be explained if you give him/her a chance to look back over the accounts and get back to you with a good answer. 

                  #25286

                  OK but $994 has been spent on things unrelated to repairs. I find this unsatisfactory

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