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  • #10820
    fred11
    Flatchatter

      Despite a previous arrangement for the Strata Manager/EC Member to phone an OC member to include in an AGM, they simply declined to phone him, giving a lame excuse of ‘too busy…’ ( What !? No one knows how to hold a phone ? ) Subsequent written requests for information simply result in abusive emails and basically told to ‘Piss Off !!’ This results in the OC member refraining from involvement in meetings or requesting information. Is this something the Office of Fair Trading is interested in in any way ?

      Please advise.

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    • #26077
      Sir Humphrey
      Strataguru

        In the ACT, a unit owner must give an address for correspondence which must be kept on the unit roll. The OC is only required to send meeting notices to the address on the roll. It is possible to opt for electronic notices instead (IE by email). I expect it is similar elsewhere. 

        Anything else, such as arrangements to make phone calls, would be beyond the requirements for proper meeting notices and falls into the category of an informal or courtesy arrangement. If the formal requirements for meeting notices have been met, I doubt the Office of Fair Trading would be interested. 

        #26084
        fred11
        Flatchatter
        Chat-starter

          Thanks PeterC.

          It wasn’t the notice of the AGM via phone, as this was received in the mail. It was for the actual AGM meeting. OC member does not live in Sydney, so a ‘phone conference’ has been used at previous meetings, but because the owner had raised pointed questions etc before the meeting the Strata Manager/EC member simply chose to not make the call to the owner. Attempts by the owner to call at the meeting start time simply went unanswered. 

          It’s pointless raising anything to the EC. I intend to pose the stated question to Fair Trading….what do you think they might say ?

          #26085
          Sir Humphrey
          Strataguru

            I suspect you would not get far unless there were something in writing from the person wishing to attend by phone such as a request to the managing agent or the chair to attend by phone as per previous arrangements made reasonably in advance of the meeting. 

            The office of fair trading is more likely to be interested if the outcome of a close vote could have been different with one more attendee. 

            I am not up to speed on whether NSW (where I presume you are) has anything on attendance by phone. In the ACT the legislation is silent on that and only provides for attending in person, by appointing proxy or lodging an absentee vote on notified matters.

            In the ACT, in the absence of legislation or any case precedent that I am aware of, I would say it is up to the chair to decide whether to accept attendance by phone. A fair reason for not accepting would be insufficient notice of the request to enable conferencing facilities to be set up. 

            In my experience, people unable to attend but with an axe to grind have appointed a proxy and provided that person with a list of questions. 

            #26089
            Marvin
            Flatchatter

              Under the old NSW legislation, owners can vote “in person or by mail”.  The new legislation makes provision for attendance via teleconference.  Source: NSW Fair Trading – meetings

              The fact that your OC has previously allowed owners to phone in to meetings will not help your case, I suspect.

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