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Topic
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I am concerned about the delay in our executive committee's addressing a written complaint which I made in October. It is not on the agenda for our forthcoming meeting. We are owner/occupiers.
In September my husband had a heart attack during the night. I called OOO, but the ambos were delayed in getting to us because they took precious time working out how to access our building, which is one of a large complex, poorly signposted, & with an unlit security panel at the door with instructions which are hard to follow.
Following this, on the advice of a committee member, I wrote to the committee with a list of suggestions for improving access. I was told these would be addressed. Nothing has happened 4 months later, not even getting it on the agenda.
I have discussed the matter with various neighbours, & found that others have had similar problems with 000 calls, & that there have been calls for the committee to act for at least 5 years.
Do the committee have an obligation to act on complaints, & to put residents' letters on the agenda?
Would there be a legal case against them, should someone come to harm because of their not having taken action?
PS: my husband survived, fortunately. Who knows what will happen to the next person?
Sincerely
Kate
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Replies
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Unlike in Victoria, there is no obligation here to respond to correspondence, except to note it's receipt and file it. The way to get this issue addressed is to put a motion to the next Executive Committee meeting to have them examine the issue and suggest remedies. They can't refuse to put a motion on the agenda (unless it's decreed to be 'incompetent' by the chair – which puts them in the position of having to justify such a decision).
Failing that, raise it as a motion at your next AGM and make sure you have a seconder. You don't need to be suggesting solutions but you should ask that the matter be addressed and a response formulated by a certain date.
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.
JimmyT said:
Unlike in Victoria, there is no obligation here to respond to correspondence, except to note it's receipt and file it. The way to get this issue addressed is to put a motion to the next Executive Committee meeting to have them examine the issue and suggest remedies. They can't refuse to put a motion on the agenda (unless it's decreed to be 'incompetent' by the chair – which puts them in the position of having to justify such a decision).
Failing that, raise it as a motion at your next AGM and make sure you have a seconder. You don't need to be suggesting solutions but you should ask that the matter be addressed and a response formulated by a certain date.
Hi Jimmy,
Your answer to Kate relates to a situation currently within our strata. An individual owner has requested that the Executive Committee call an EC meeting within a specified time frame and add several motions to the agenda. My question is must the owner hold a certain number of unit entitlements to be able to request this and can they do so if they have levies which have have not been paid?
Many Thanks
Sophie
Kate
My understanding is that only members of the EC can demand an EC meeting be held and at least one-third of EC members (not owners) have to be in favour.
When it comes to Extraordinary General Meetings, at least one-quarter of owners (by unit entitlements) has to support a call for a general meeting.
An owner, could, theoretically, call a general meeting, sack the current EC and install another one more sympathetic to their cause(s). Actually, it's more than theoretical – I've seen it done.
But it would be easier for them to get the required third of the EC onside and do it that way. An individual owner can't demand either an EC meeting or an EGM.
The question of owners being unfinancial is a tricky one. They could, I'm thinking, get enough support to call an EGM and then not be able to vote at it (and, yes, I've seen that done too).
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.
JimmyT said:
Kate
My understanding is that only members of the EC can demand an EC meeting be held and at least one-third of EC members (not owners) have to be in favour.
When it comes to Extraordinary General Meetings, at least one-quarter of owners (by unit entitlements) has to support a call for a general meeting.
An owner, could, theoretically, call a general meeting, sack the current EC and install another one more sympathetic to their cause(s). Actually, it's more than theoretical – I've seen it done.
But it would be easier for them to get the required third of the EC onside and do it that way. An individual owner can't demand either an EC meeting or an EGM.
The question of owners being unfinancial is a tricky one. They could, I'm thinking, get enough support to call an EGM and then not be able to vote at it (and, yes, I've seen that done too).
Hi Jimmy,
Thanks for that. Sounds familiar to what may be happening in our strata.
One more question I have. I believe executive committees cannot make decisions requiring a special or unanimous resolution. Would organising an accountant to audit past levy payments to determine an outstanding amount fall under either of these decision types or does the committee have the authority to organise this.
Cheers
Sophie
I would think that would fall well withing the remit of an Executive Committee. There's not special resolution required for that, that I can think of.
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.
JimmyT said:
I would think that would fall well withing the remit of an Executive Committee. There's not special resolution required for that, that I can think of.
Thanks Jimmy. Just to further clarify things.
If the EC voted yes for an accountant to undertake a levy audit to determine outstanding payments, when the audit report is completed would the Treasurer automatically be able to issue invoices to the respective owners or does a vote need to take place first either at an EC meeting or an Extraordinary General Meeting?
Many Thanks
Sophie
I think that's a given. What might be required is an EC decision to pursue debt collection if the bill was ignored.
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.
Whether the EC replies or not:
SSMA s62 part 2
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
You have made the EC aware in writing of a common property defect which is clearly a health and safety risk to lot owners and visitors. If committee members were more aware of possible unrestricted liability for harm resulting from their failure to act on this issue (tort of negligence) it would be brave of them to ignore their personal liability. Remind EC members, individually and jointly, in writing, documenting your evidence of delayed access by emergency services and request that this design defect is repaired forthwith.
I agree with Jimmy T's suggestion to table your letter at the next GM with a motion to repair/rectify the defect
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