- This topic has 7 replies, 4 voices, and was last updated 1 year, 6 months ago by .
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Hi all, can a Strata Committee decide to ignore or not action a motion that was carried at an AGM or SGM/EGM?
I’m in the ACT and a SC here has decided they’ve got better things to do or have other priorities to deal with.
One SC member in particular is stonewalling pretty much everything the SC should be doing. I am the chair, can i issue them with a warning under Unit Titles (Management) Act for Code of Conduct breaches? This member also berates a d talks over other members so they simply back down. There are a number of matters that have built up over the years and because of this individual they have never been dealt with ie: just kicking the can down the road.
Thanks.
- This topic was modified 1 year, 6 months ago by .
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I would have thought as chair you could just go ahead and action the committee’s collective decisions. The decision has been made. The Owners Corp can override the decisions of the committee – not the other way round.
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, 6 months ago by .
I’d suggest the chair needs to have a quiet but firm word to the other committee members about the committee’s responsibilities without the dominant member present. The chair needs to make sure they have the support of a clear majority of the EC. Then, the chair needs to enforce some meeting discipline, have the EC make the necessary decisions, have action items assigned to committee members and minute it all. EC decisions generally only need a simple majority. If necessary the chair has a casting vote too.
The committee volunteered to execute things on behalf of or as instructed by the other Lot owners. So get on with it. It’s a bit rich not to act expeditiously there after an AGM vote has decided upon some idea, but I guess things can genuinely get in the way. But if you took them to adjudication the word ‘reasonable’ would get a run and they’d need a good excuse for not doing what others have told them to do. As for the difficult committee member, you should be voting at a committee level after discussing any issue, putting it up as a Motion to vote upon, and thereafter if he likes it or not – on you go – with or without his blessing.
If necessary the chair has a casting vote too.
In ACT and Victoria but not in NSW or Queensland.
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, 6 months ago by .
Also the chair has a casting vote if tied.
NB: For other readers, this only applies in Victoria and some smaller territories.
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.
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