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Topic
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The AGM back in May didn’t have the recent quotations for an overhaul of the 1962 lift on the agenda, despite 2 detailed estimates, and the lift failing 10 times in the past 2 years. I have asked, through the agent, for a reason, no reply. The gossip is that the new owner of the top, 8th floor, would like to own the roof space above and extend the lift upward, he was elected Chair of the SC at the May AGM.
How can I put the lift overhaul to a vote of the Owners Corp?
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Hi Moxie
Unsure when you say agent if you’re referring to Strata Manager or Property Manager.
If you’re an owner, this should be simply writing to request the motion for the AGM via the scheme’s secretary. Just ensure that you give sufficient time, although it sounds like you have plenty of time at present still find out the timings around this, as having time to plan for major repairs to common property is ideal I know our scheme starts preparing quotes / budgeting around 3 months prior to the AGM.
As you’ve had no response from the strata manager / property manager I’d suggest as a next step you contact the strata committee (if you’re tenant cc the landlord’s agent) outlining the issue, the impact it has on you / other residents and what you’d like seen done to get some dialogue on the matter.
Failing the above it it’s a common property repair issue, you may want to request mediation via Fair Trading. https://www.fairtrading.nsw.gov.au/help-centre/online-tools/apply-for-strata-mediation
Further to the good comments by S, I suggest that in the first instance, you email the Secretary or agent to ask “when is the AGM to be held as I want to submit a couple of motions”. Getting a time frame from the Secretary or agent will help your planning to make any inquiries you want to eg with contractors etc.
You can plan to investigate the matter all you want before any AGM; speak to whoever you want and research the topic thoroughly, so long as you know when the AGM will be held.
You could also ask the Secretary or agent if they are planning any general meetings before the AGM.
If so, when will that take place and you’ll submit the motions to that meeting instead. I mention this because a cunning committee could hold a general meeting sooner than you think to vote on a (possibly expensive and controversial) proposal or a quote. This will disadvantage those owners who thought they had time before the next AGM to investigate all the possible options available to them and to robustly discuss those options amongst themselves and seek clarification in writing from the agent or committee well before the vote.
In my experience, an AGM (in the context of asset renewal) often lists an issue with 2 often expensive quotes using the “Yes Minister” tactic: there’s the quote they want you to pick and another quote that will be described at the AGM as “unreasonable” or “deficient” in one way or another. They’ll make it seem like it’s “courageous” to opt for the “deficient” quote.
Such tactics leave no time to look too deeply at the quote, who it benefits most, the contractor’s track record, the installment calendar (in the case of a special levy) etc.
A cunning committee may spring an AGM on you with little notice and you must avoid being caught out like that. Get on the front foot asap.
Good luck.
You could also ask the Secretary or agent if they are planning any general meetings before the AGM. If so, when will that take place and you’ll submit the motions to that meeting instead.
I believe the law says that regardless of when you submit a motion for a general meeting, it must be placed on the agenda of the next general meeting.
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.
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