- This topic has 10 replies, 7 voices, and was last updated 1 year, 9 months ago by .
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Hello,
Our strata committee has taken to sending out an agenda to only vote on a number of items. They are not having a physical or zoom meeting or a meeting of any kind. Is that legal? In other words, they put out an agenda and say that the vote will be by electronic vote, but there is no meeting. No one can attend. A notice came out last night for a meeting at 10am next Tuesday and one of the agenda items includes something that is relevant to me. The agenda item is very vague. By running their meetings this way no Owner on tenant can even listen in to a discussion, because there will be no discussion.
They say that; “Notice is hereby given pursuant to Schedule 2 of the SSMA 2015 of business to be dealt with at the meeting of the SC of the OC to be held……”
What are your thoughts on this please?
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I suggest you closely read Schedule 2 in particular as it relates to holding Strata Committee Meetings. If you find that the requirements of a strata meeting are not being adhered to by the strata committee and/or the managing agent (if there is one) , I suggest you apply for Mediation by NSW Fair Trading, see
https://www.nsw.gov.au/housing-and-construction/strata/disputes#domediation
If your committee is behaving this badly regularly, then apply for Mediation (with the OC) ASAP.
Do not warn your committee of your action. If you do, they will no doubt ask you to withdraw your application.
Do not wait to apply as it takes some time from you applying to when the Mediation takes place.
Do not warn your committee of your action. If you do, they will no doubt ask you to withdraw your application.
Fair Trading automatically informs the “respondent” that a case has been taken against them and mediation has been sought. Just make sure you have all your information and witnesses lined up before you pull the trigger.
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.
No one said that the SSMA makes sense.
The actions described are fully in compliance with the Act.
Whether it’s morally correct is questionable.If I were that committee I would use this method judiciously.
You mention that an agenda item affects you. The committee cannot make a decision thst adversely affects you, and it can be challenged.
Also, if the motions are vague, it works both ways. Vague and ambiguous motions could be challenged if there is the possibility of multiple interpretations.
Why not try to get on the committee at the next AGM so you are in the loop.
The committee cannot make a decision that adversely affects you, and it can be challenged.
I’d be interested to hear how that works. If my committee issues a Notice To Comply to prevent me rehearsing for the World Electric Ukelele Championships, isn’t that a decision they can make that adversely affects me?
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.
I’d be interested to hear how that works. If my committee issues a Notice To Comply to prevent me rehearsing for the World Electric Ukelele Championships, isn’t that a decision they can make that adversely affects me?
Respectfully, I’d say that decision by the committee might just save your Ukelele from certain demise! You? maybe not!
(Sorry. It’s late and I’ve had a hectic week. Maybe I need to keep away from the PC and have a drink instead.)
Maybe I need to keep away from the PC and have a drink instead
Good tactic for most stressful situations.
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.
Jimmy you are correct when you write that NSWFT (in the case of Mediation) or NCAT (in the case of a hearing) in due course contacts the Respondent. It does so after the relevant body has processed the application.
What I meant was that many times an OC or SC will try to persuade an owner from even filing an application. This will result in either no application being filed or an application being filed at a later date. These outcomes only extinguish a hearing altogether or delays a hearing date and thereby gives the SC/OC time they need not be granted by an aggrieved owner.
I also recommend owners when seriously aggrieved to file an application, even if they believe a SC/OC will do the right thing. An owner can always w/draw an application before a hearing or mediation takes place.
In my experience, certainly with Fair Trading, it’s almost immediate. Fair Trading contacts the strata manager who then contacts the strata committee, all withing a matter of a couple of days, at most. I suspect it is an automated response.
As far as being dissuaded from proceeding when you tell the committee what you are planning to do, I think you have to give your SC a chance to comply or compromise with your wishes. If they don’t, then by all means gather your evidence and lodge a request for mediation.
But there are myriad reasons for committees not responding properly, ranging from indecision and lack of consensus to selective deafness; sometimes an application to FT is what it takes to get their attention.
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.
- This reply was modified 1 year, 9 months ago by .
“The agenda item is very vague.”
Clause 7 Schedule 2 of the NSW Act: “The notice of a meeting must include a detailed agenda for the (Strata Committee) meeting.”
The Macquarie Dictionary defines the word “agenda” as meaning “a list of matters to be brought before a committee, council, board, etc., as things to be done” (maybe dot points) but goes on to define “detailed” as meaning “itemised in every particular: a detailed description.”
A detailed agenda clearly requires a lot more than than a mere agenda and an agenda item which is very vague may not comply with the Act.
In the absence of an opportunity for discussion and amendment of the motion proposed in the Agenda, the Strata Committee can only vote in favour of or against the motion set out in the Agenda. A vague (not detailed) Agenda item can only result in a resolution which is equally vague, perhaps to the extent of being meaningless and/or ineffective.
We often have Paper SC Meetings to ratify the decisions already taken & approved by the Committee to do many works, not to decide on any new projects or works.We chose Paper SC Meetings as hardly 2-3 owners turn up for the face to face meetings.
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