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Good Morning, NSW strata, self managed, I am an owner (27 %) – I am trying to arrange a meeting of owners to arrange approval of an AC unit, and discussion of parking and painting of exterior, I have requested twice already, and quoted the “Strata Schemes Management Act 2015 No 50, Section 19 ” however the secretary still refuses to convene a meeting, basically saying all can be discussed at AGM July 2019, any advise would be appreciated.
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Hi, Depending on how many in the block I guess, and how many you can persuade to your agenda. Aircon may be critical to one, not to others? Have overhead fans been considered? Sustainability!
Parking and painting sound major, and there is a tribunal that specialises in sorting concerns such as this, if there are others of the same mind. Good luck.
Unsure for NSW but in Qld if you can get 15% of owners to agree the Secretary (who volunteered to work for owners not dictate to them) must comply with a request for a EGM, if they first dont arrange a casual meeting which you can do yourself.
In NSW it’s 25 percent of owners
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.
It’s 25 per cent in QLD, too. I think that BONNIE L provides sound advice. Go to the tribunal.
With regards to an owner requested general meeting, the NSW legislation should have parallels with the QLD legislation. In a 4-unit block, one owner would apparently satisfy the 25 per cent requirement.
In QLD, the notice requesting the extraordinary general meeting must be given to the committee secretary, or in the secretary’s absence, the chairperson. The secretary is taken to be absent if they do not respond to the owner’s/owners’ request within 7 days.
In QLD, the notice/request must include signatures of at least 25 per cent of lot owners or their representatives and the motions which the owners on the request want to have decided at the meeting.
The secretary (or chairperson) receiving the request must call an extraordinary general meeting within 14 days. The general meeting must be held within 6 weeks of the receipt of the request.
In QLD, if the meeting is not called within 14 days, the owner/owners who signed the original request can ask another committee member (if there is one) to call the meeting. The meeting must be called within 14 days of receiving the new request, etc.
If you have to go to NCAT because the secretary refuses to call a meeting, there will be a delay. You may be able to get an interim order quickly but that might not apply as it’s not an emergency or life-and-death situation. In my limited experience of strata case law, an interim order is commonly used to stop motions from being put into effect until a final order is handed down.
Based on QLD experiences, it will take over 3 months and not uncommonly 6 months to get an NCAT ruling or final order. Which, if you are successful and an EGM is ordered, will result in the EGM being held close to the scheduled July AGM. The adjudicator may take this into account and rule that the motion is to be decided at the AGM to “save costs.” Which is why, I think BONNIE L’s response above has hit the nail on the head.
For Queensland based matters the correct first contact is the https://www.qld.gov.au/law/housing-and-neighbours/body-corporate whom are best to call first, and they will call you back.
If things proceed further or are better suited it’s https://www.qcat.qld.gov.au/matter-types/other-civil-disputes/body-corporate-and-community-management-scheme-disputes
And like a man with just one platform shoe, I stand corrected: it is 25% of owners required to request an EGM.
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