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hi we self manage our 4 units for over 20 years, noone wants to do anything so it left up to me with some help from another, been good so far, but had few issues with one 7 year owner but that got sorted i think, but we sent out all forms for nominations and motions to be sent back before 6/9 they came back bar one unit but contacted him as hes away and its his rental, heard nothing so assumed like every year we use his proxy he sends to us,
so we set up motions and agm date and sent all out and then told 2 week later on the 13/9 new owner of unit 2 and they demand we cancel agm as they need to vote and nominate and want to see out books and minutes as they cant vote till they see these.
we were advised by BCCM that to give them the forms for agm and motions but they cant bring any more motions up as agm set and they were not the owners when we put out nominatons or motions that we knew of till they notified us ,
we hear so many rules etc and am thinking of throwing it in as the email we got were so abrupt and they have even met us, what do we do, meet them and show what we have as we are only 4 units and only expense is lawns mowed every month and gutters cleaned every year and fees going in 4 times a year and insurance takes nearly all that.
is it suppose to nbe this hard to self manage and do these new owners expect to much from a small lot of units please help we got to get a break soon in all this is getting to much and feel sorry for the old pensioner in one unit treasurer since day one,
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A polite note telling them that you can’t re-set the AGM but they are welcome to come along, vote and nominate for the committee, once they are registered on the strata roll.
You might also gently suggest that they take a slightly less aggressive stance when dealing with their neighbours which will stand them in good stead now and in the future, especially since, by their own admnission, they don’t yet know how things work in your block.
You have followed the rules and you suggest they acquaint themselves with the basics of strata living through the handbook supplied free by Fair Trading before making demands.
Meanwhile you look forward to their contribution to the continued smooth running of what is a happy building.
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.
Once the notice of the AGM is sent, the date is set. The owners reasons for postponement hold no weight in terms of the Act.
The Act does make specific mention of what needs to be provided in the notice of the AGM, and the compulsory motions required. If your notice does not comply in these respects, then the meeting is considered not yo be correctly called, and any business conducted at such a meeting is invalid.
Unless you have been provided with a proxy form by the owner, the usual proxies have a maximum duration of two AGMs.
My experience of small complexes is that they tend to run because if the efforts of a few, but often the OC fails to comply with the Act. It’s when a new owner comes along that the status quo is challenged. The new owner may seem to be a troublemaker, but in fact us challenging the OC to start complying with the Act.
Unless your committee is well up on the Act, I Would recommend engaging a Strata Manager. They can be helpful to help thecOC comply with the act, as well as being an independent party in settling intaowner disputes.
You haven’t provided a lot of details of your OC situation, but the new owner may have grounds to have a strata manager appointed by the court. Better to get this sorted out by a Strata Manager you appoint (at a GM) than to have one appointed by the court.
What Kaindub said …
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 T, just letting you know that Fair Trading no longer provide the handbook. Instead the website has to be accessed and file printed off. This might save some people the phone call and time wasted waiting to be told that.
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