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In my small block of units (less than 25 units), one of the owners has put forward a motion for a special resolution to install something for their sole use on common property. This motion has been put to three AGM and one EGM and was defeated significantly each time.
However the owner persists and the motion is back on the next AGM agenda with minor modifications. Is there some rule about the number of times a motion can be presented or the gap in time between each presentation? It’s starting to feel like an attempt to badger through these repeated attempts.
This is in NSW.
- This topic was modified 1 year, 1 month ago by .
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If I were on your strata committee and chairing the AGM, I would include the requested motion. However, I would put it late on the agenda after all necessary items and make it clear to members via the agenda that I will not tolerate more than a few minutes on this item.
I would include a statement under the agenda item that: ‘This proposal does not appear to be substantially different from proposals put to four previous general meetings, AGMs in 20xx, 20yy and 20zz and an EGM in 20aa. On each occasion the vote fell far short of that needed to pass a special resolution and the current committee is unaware of any increase in support for the proposal. Consequently, the chair will allow only a few minutes for the proponent to explain any differences in the current proposal or change of circumstances that might increase support. The chair then will allow a few brief responses from other members before closing discussion and calling for a vote.
Perhaps the concern should be how many times can the owners corporation refuse the lot owner’s request before an application is made to NCAT for an order under s 126 SSMA?
If NCAT forms the opinion the owners corporation has unreasonably refused the request to alter the common property it can overrule the owners corporation. The proviso’s are that the alteration is a minor renovation and directly affects the lot of the applicant lot owner.May be best to give this lot owner some genuine engagement and be prepared for possible mediation?
So what Exactly is the “something” they are wanting to install on common property? And where on common property?
So what Exactly is the “something” … ?
Probably best not to be too specific given the policy of this site to “Don’t identify… individuals…”
As JT points out, perhaps someone could have a word to the proponent that they have the option to seek an order from the Tribunal to give effect to their motion if it fails. The Tribunal may or may not judge that the refusal of the owners corporation was ‘unreasonable’. On one hand, the Tribunal will over-ride ‘unreasonable’ refusals. On the other hand, the Tribunal is generally reluctant to over-ride the democratic process if the OC was not ‘unreasonable’, even if many might disagree with the OC’s reasons.The chairman has the option to declare a motion out of order under certain conditions.
Why not just have the chairman d3clare the motion out of order. The proposer can then take it to arbitration, ( and probably lose if it’s shown that the motion has been voted down previously)
Why not just talk to him like a human being? Maybe once you know his motivation you will understand his persistence?
It seems to me that there is some internal conflict between this person and the chairman of the committee. Maybe the person is just deliberately inconveniencing the chairman?
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