- This topic has 2 replies, 3 voices, and was last updated 10 years, 4 months ago by .
-
Topic
-
I am on the EC and have been trying to get rid of a dodgy Agent but due to a ‘gang’ mentality i.e. 7 on the committee and 4 in the ‘gang’ so the 3 remaining members are always outvoted. We have made some inroads by getting like minded owners on side and we are now questioning just about everything this dodgy agent and her cronies get up to.
The latest issue I have is we received the most recent CRM with a fee of $250 charged for ‘registering a By Law’. I queried this fee and have been told by the Secretary that the Agent had to register a By Law on the Certificate of Title for the Electronic Service of Correspondence!
Now, here are my questions:
1. I thought a By Law had to be passed by 75% of owners at an AGM- am I correct?
2. I also thought any new By Law or proposed change to a By Law had to be listed as a motion on the agenda of the AGM – am I correct?
3. Does the Agent have authority to do this without any discussion with the owners?
I don’t have an issue with receiving electronic correspondence since the agent has been sending my my levy notices via this forum for about 3 years. Also, the EC communicate via email – I am confused that a By law has been registered without being voted upon at an AGM – can anyone provide clarity on this or is it just another ‘dodgy’ deal by my Agent and her cronies on the EC?
-
Replies
-
In response to your questions:
1) & 2) – Any proposal to amend a By-Law or to register a new one (actually a Special By-Law) has to be put as a Motion on the Agenda of a General Meeting of the Owners Corporation, where ≥75% of those Owners in attendance both personally and by proxy must vote in favour in order for the “special resolution” to pass, with that percentage being determined from the sum units of entitlement (UOE) of those voting in favour and the aggregate UOE of the Plan.
3) The Strata Manager can, with the authorisation of the E/C Secretary (but not otherwise), complete and lodge the Form for Registration of a Special By-Law, and depending upon the delegations given to them under their Strata Management Agency Agreement with the Owners Corporation, they can also place the Corporate Seal of the O/C on that paperwork as required.
By the way, the Fee prescribed by NSW Land & Property Information for Registering a Special By-Law (SBL) is $104.50, and the the associated paperwork requires information on the date that the relevant Motion of the General Meeting to approve that SBL was resolved.
Totally agree with Whale you can only register a bylaw that has been passed by the owners at an EGM or AGM with a 75% vote in favor.
The SM cannot just decide to register a bylaw because they think it’s a good idea. Suggest you obtain a coy of the new bylaws from the lands dept (cost about $20) to see what has happened and if their is not any change demand your money back.
Bear in mind the cost to register 10 new bylaws is the same as to register 1.
Also the EC cannot dump the SM it has to be a motion at the AGM and a simple majority is required for the motion to be passed and you get rid of the SM.
Make sure you have another SM lined up unless you intend to self manage.
- You must be logged in to reply to this topic.