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Topic
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We have a member of the EC who continually breaks strata by laws. Is in violation of two as I type. Can this member be asked to resign, or can it be suggested that his behaviour is unbecoming of a member of the EC, especially when this member agrees to take action/send notices to other residents for the exact same behaviours. This member was the first to ever be issued a notice to comply. And this continual use/misuse/abuse of common property seems to be never ending.
When this member nominated self for committee, previously existing members objected however other owners did not support. The EC had not made this persons numerous infringements public knowledge so owners were not aware of disregard for by laws. Should we have made everyone aware? Should we make public any issuing of notices to comply? Owners were only aware of one incidence (due to it involving a strata lawyer). They were not aware of the list of incidences that lead us to take such drastic action.
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If this member self-nominates and they are the co-owner of an apartment, they may be in breach (which would be the easiest solution) and can be dropped from the EC. Failing that, you can hold an extraordinary general meeting and, if you can get 75 percent of the vote, have them removed from the committee.
Or you could propose a motion at the next EC meeting, listing this guy’s known breaches and asking the Executive Committee to ask him to resign. This will have no immediate effect if he declines but at least it will be on the record and will be open for discussion at your next AGM. Just be careful that you don’t make this too personal – stick to what’s already on the record.
Or you could quietly let this person know that there are moves afoot to remove him and persuade him it’s in everyone’s best interest if he goes quietly before any of this becomes a matter of record.
Best of luck with it.
JimmyT
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.
Note that clause 4 (1) of Schedule 3 of the Strata Schemes Management Act 1996 states when a executive committee members can be removed from office.
(1) A person elected as a member of an executive committee vacates office as a member:
(a) if the person was an owner at the time of election and the person ceases to be an owner, or
(b) if the person was not an owner at the time of election or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee ceases to be an owner or notifies the owners corporation in writing that the person’s office is vacated, or
(c) on the receipt by the owners corporation from the person of notice in writing of the person’s resignation as a member, or
(d) at the end of the next meeting at which a new executive committee is elected by the owners corporation, or
(e) if the owners corporation, in accordance with a special resolution, determines that the person’s office as a member is vacated.
In this case, while the member is still a lot owner eligible for office and is not willing to resign, the only option available is termination. The owners corporation can pass a special resolution at a general meeting requiring than an executive committee member vacate his or her position.
Kind regards
Simone Balsara
Hi,
Talking about the EC member behaviour I would like to ask your opinion on the following matter:
Three members of the executive committee have put their names to a demand that a long term tenant removes his vehicle from another owner's car park although the owner of the car park has allowed the tenant to park his car there.
The three claimants allege that the truck, as it is currently parked, is in breach of 3 by-laws .
These are: (1) Noise pollution.
(2) Degrades the appearance of the building
(3) Infringes on common property
They have presented this demand as though it were an official decision of the Executive Committee, however this does not accord with the the facts of the situation or reflect the opinion of the Chairman and other members of the Committee, who were not notified of the meeting and did not vote on the matter. We note that a ‘special general meeting’ requiring 72 hours notice is required by Law before such a matter can be put to a vote and acted on. No such meeting was called, however; the three claimants have proceeded to issue a ‘notice’ to the tenant regardless of the fact that their meeting on the matter was invalid.
The Strata Manager was under so much pressure from these 3 EC members that a CTTT application was lodged.
The other 2 members of the executive committee are of the opinion that the claims are mischievous and completely bogus, amounting to harassment, and that the vehicle in question can remain where it is parked for as long as it needs to be there.
The issue is that these 3 owners always want to be part of the EC year after year. What is the best way to get these 3 people removed from the Executive Committee or from becoming members of the EC in the future? This is not the first time they abuse their position.
Kind Rgds
Muffin
Hi Jimmy,
Can I have your opinion of my previous question about the CTTT and 3 out of 5 EC members making a decision without having a proper EC meeting? Please refer to my previous posting on EC Member Behaviour. Would the CTTT consider 'throw out' the case if the meeting was not held 100% correctly?
Looking forward to your response.
Kind Rgds
Muffin
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', If the decision was made outside the confines of a proper meeting – ie, there was no notice of the meeting, no agenda and no minutes of the meeting any orders purporting to be from the EC would almost certainly be thrown out. EC's have a certain amount of leeway to help with the day-to-day running of their buildings but when it comes to issues of breaches of by-laws, the CTTT tends to insist that the letter of the law is followed if for no other reason than owners need to know action is being taken against them and have a chance to defend themselves at the meeting.
On the question of getting rid of them, the easiest way is to either reduce the size of the EC at the next meeting and them make sure you have the numbers to get your people elected or stand allternative candidates as a “ticket” (again assuming you have the numbers).
But be careful not to let your campaigning get out of hand. Thers is only limited “privilege' in Executive Committee communications and if your criticisms can be shown to be defamatory and, even worse, malicious you could be sued (I mention this because exactly that has happened to my partner).
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.
Thanks Jimmy. I couldn't agree with you more. One has to be extremelly careful when sending e-mails, however 2 of the other EC members are not so careful and they could be in trouble as I do believe what they are doing a lot of the time is “abusiing” their EC power just because they have the majority (we used to have 3 EC members, however they are now 5 and they want to go against anything the Chairman or myself suggest or vote for although it does make complete sense. I also believe 2 of them are “harrasing” and “intimidating” people, including the Strata Manager”. In one e-mail the secretary called the Strata Manager “incompetent” just because the Strata Manager is trying to do the right thing.
You have answered my question. Thank you so much for being there when we need you with answers.
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