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The Notice & Agenda for meetings of our EC this year have contained only general headings with no motions or business items listed. The Minutes of the Meeting subsequently contain numerous unanimous resolutions for which there were no motions.
Our understanding of the SSMA is that due notice of the motion or business item is required to be given before a resolution can be voted on or passed.
The secretary via the SM has been advised of this but the Secretary simply ignores the advice and proceeds to implement the unanimous resolutions.
How can an EC continue to make unanimous resolutions for which there were no motions? Surely these resolutions must be null and void.
Can anybody suggest the next course of action here?
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Yes you are correct about the lack of details.
6 Notice of executive committee meetings
(1) An executive committee of a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by giving written notice (which may be done by electronic means) to each owner and executive committee member, and
(b) if the owners corporation is required by the by-laws to maintain a notice board, by displaying the notice on the notice board.
(2) An executive committee of a strata scheme that is not a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by displaying the notice on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, by giving written notice (which may be done by electronic means) to each owner and executive committee member.
(3) The notice must specify when and where the meeting is to be held and contain a detailed agenda for the meeting.AND
15 Minute of certain resolutions to be included in executive committee’s minutes
The executive committee must cause to be included in its minutes a minute of all resolutions passed in accordance with this Schedule.If their is no details of the resoloution on the agenda you should inform the SM that the meeting was not leagal and so any decisions weren’t legal and so the Sec has no power to execute any decisions untill properly convenened motion is presented and approved.
So tell the SM not to approve any spending untill a properly organised meeting is held and that any futher spending that occurs without complying with the above you will take action at CTTT to have the money recovered from the individual who suposedly authorized it (the office bearers insurance will not cover them for intensional misuse of funds).
Just like a GM you cannot add motions at the actual meeting they have to be on the agenda sent around to all owners.
@kiwipaul said:
Yes you are correct about the lack of details.6 Notice of executive committee meetings
(1) ………
(3) The notice must specify when and where the meeting is to be held and contain a detailed agenda for the meeting.AND
15 Minute of certain resolutions to be included in executive committee’s minutes
The executive committee must cause to be included in its minutes a minute of all resolutions passed in accordance with this Schedule.Cl 6 says, “The notice must” ….. AND cl 15 says “the EC must ….”
From The Owners – Strata Plan No 70798 v Bakkante Constructions Pty Limited (NSWSC) Before: J Pembroke
83 ….. ‘Must’ means ‘must’. It is an imperative – expressing necessity, obligation and compulsion. There is no halfway house; no reason for attempting to ameliorate the outcome because of the particular consequences in a given case ……..
If you end up at CTTT then seek out this case and use it.
The must Pembroke was dealing with is from s80 but why should must mean anything less when used elsewhere in the Act.
So if the Act says must, or must not, we are now clear on the meaning of the meaning of must.SMO,
I totally agree with you (and the judge) about “must” and “must not”.
The problem is the Act doesn’t have any penalties for breach (as you have also pointed out previously).
The Act also doesn’t have a definition of “detailed”, so that is completely in the eye of the beholder.
Some ECs use that to manipulate.
Motion: To approve a certain project.
No design plans, no quotes, no costs. No details of the project.
But the agenda was “detailed” in that there was a separate motion to vote on.
What state is this in please? I am assuming NSW but I see kiwipaul is in Bris Vegas. Hope I haven’t missed something, this is very relevant to my situation.
@Mystified said:
Does the Secretary have the power and authority to instruct the SM to accept the quote? Is the SM obliged under SSMA to act upon the instruction?The Strata Managing Agency Agreement will determine who the SM is obliged to take instructions from. This will usually be the chairperson and/or secretary.
@just get on with it said:
The Strata Managing Agency Agreement will determine who the SM is obliged to take instructions from. This will usually be the chairperson and/or secretary.
I agree the SMA determines this BUT whoever passes on the instructions they must have been approved by a properly organized vote of the EC or OC. The Sec cannot make arbitrary decisions (unless he has been approved to by an approved motion) themselves.
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