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Trevor

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  • 01/04/2020 at 11:12 pm in reply to: Can we have general meetings by electronic means? #49273
    Trevor
    Flatchatter
    Chat-starter

      Re SC powers to unilaterally authorise electronic voting,  given Reg 14 can deal with the voting means but not the authorisation process. Thank you for your operative words:

      “The Committee cannot do this on its own”

      There are objections to electronics for a General Meeting because the SC wants to push through doubtful massive expenditure by the mushroom treatment of Owners.

      Few will bother to respond electronically and will not attend because of the virus, which means the SC can rig a majority.

      What can we do in a Scheme with 70 residential lots — 40% absentee owners ?

      02/07/2019 at 9:05 pm in reply to: Period/Meetings of Proxy Validity #38398
      Trevor
      Flatchatter
      Chat-starter

         

        Thank you Jimmy. You seem to assume the front page of the Proxy Form in the Regulations can over-ride the Act.
        Doubtful ?

        The circumstances are that with the same Strata Manager for a decade, ticking the last box on the proxy form has been taken as making the proxy valid for all general meetings from the date of the proxy to the date of the second AGM.
        (As the Act says)

        A replacement Strata Manager has ruled that the proxy ticked in the last box is only useable for two general meetings whether AGM or EGM.
        But would consider an alternative that it is usable for two AGMs but not useable for EGMs between the AGMs.

        Agree with you, please ask FT to amend the form front and back, ASAP, to agree with the clause in the Act.

        If proxy giver is entitled to specify what they want within the second AGM limit, can the proxy giver add to the wording on the front of the Form to quote the words of the Act and initial it ?
        viz In accord with Sch 1 Sec 24 , this proxy is VALID for a period that expires on the second AGM after the date hereof.

        29/06/2019 at 2:09 am in reply to: Period/Meetings of Proxy Validity #38357
        Trevor
        Flatchatter
        Chat-starter

          Thanks for comments. They made me refer to the NSW Act  itself. It reads:

          Schedule 1

          Clause 26 (4) Period for which proxy effective

          An instrument appointing a proxy has effect for the period commencing with the day on which it takes effect and ending with the later of the first anniversary of that day and the conclusion of the second annual general meeting held after that day, unless it is sooner revoked or a shorter period is provided by the instrument.

          This makes clear the Clause is about a PERIOD of time for the Proxy (not a number of meetings or what meetings).

          That PERIOD as it states, can End on the LATER of  (first anniversary). . . . . . THE CONCLUSION OF THE SECOND AGM HELD AFTER THAT DAY .  (that day being the day the proxy takes effect being the day stated on it).

          Do you agree ?

          25/10/2016 at 9:56 am in reply to: Strata Committte Notices #25650
          Trevor
          Flatchatter
          Chat-starter

            Thanks for comments.

            Until I read these posts I had not compared SS 4 (large) and SS 5 (other).

            The difference in wording on Notices of Meetings clarifies SS 5 for non-large Schemes.

            SS 4 is notice under Sec 263 AND by Noticeboard.

            SS 5 is by Noticeboard OR under Sec 263.

            Assuming an Other Scheme stays with its usual noticeboard posting (now with agenda in DETAIL) it seems that absentee Owners will continue to be bereft of notices of Committee meetings, as Noticeboard is sufficient ?

            Point on by-law provisions taken but not applicable to Scheme involved.

            Trevor

            27/08/2011 at 2:05 pm in reply to: Financial software #13625
            Trevor
            Flatchatter

              Re Alternative

              After experience with a small dishonest Strata Manager have stayed with major firms – currently BCS.

              Had obtained quotes based on a specification of duties and responsibilities that are finance and Strata administration only. Management of building and residents are specifically excluded as being the role of the Executive Committee in which the Strata Manger does not participate.

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