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Code Of Conduct by Committee Members
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azennaro
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23/05/2017 - 4:06 pm
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How do you enforce a Code Of Conduct when committee members breach it continuously and the strata manager does nothing to control it?

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Sir Humphrey
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23/05/2017 - 6:21 pm
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Depends where you are. In the ACT the EC code of conduct is part of the Act. Default rule require compliance with ACT law. So, you could go to the Tribunal seeking an order for compliance. 

Elsewhere, if the code of conduct were adopted as a by-law, then you are probably in the same situation. 

In any case, whatever behaviour is causing a breach of a code of conduct is probably bad enough that you could address that directly.

You could talk to neighbours and encourage them to vote for someone different at the next AGM. 

You might be able to put a specific motion that refers to the inappropriate behaviour. Best to keep it civil, cool and unemotive. 

Care to be more specific what the problem is?

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Puddn
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27/05/2017 - 5:09 pm
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I have just followed Sir Humphrey's advice and placed two specific motions on the agenda of a committee meeting after the Chair had several pot shots at me (by email, silly man). The pot shots were in response to my daring to complain to NSW Fair Trading about a lack of proper meeting process (making decisions on non-agenda items mostly).

The next meeting is a month away so will not know the outcome until then, but in the meantime the behaviour has stopped and several committee members are rather red-faced and embarrassed and they are now buckling down to deal with my complaint.

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Sir Humphrey
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28/05/2017 - 10:56 am
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Sounds like a good outcome. A shot across the bow delivered calmly seems to be having the right effect. Perhaps you gave other EC members the confidence to stand up to a domineering chair? Sometimes one person can be so headstrong and forceful that they have others cowed into submission. With luck there is a majority of the EC now more aware and confident in their role and emboldened by knowing they have support. 

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JimmyT
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31/05/2017 - 9:14 am
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For any other committee that has this problem, I would start minuting breaches under a system where members are given a warning verbally but if they persist, they are named in the minutes as having breached the code of conduct.

First of all, you would make it an agenda item for a committee meeting  - under a heading like "Breaches of strata committee code of conduct" - and get a majority to agree that in future breaches of the code of conduct will be treated this way.

At the very least, at the next AGM you can point out that a certain owner is disruptive at meetings and shouldn't be re-elected.

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shb
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31/05/2017 - 7:54 pm
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Thanks.As long as the lone outlaw desists,its ok.Its not fair to the other tenants who are all complying,to let one chap get away with flouting the by law. Weird that theres a legislation in place but heaps of hurdles to impose it.

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Deborah Searle
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02/06/2017 - 5:57 pm
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What Code of Conduct?  I'm in NSW.

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Sir Humphrey
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02/06/2017 - 10:01 pm
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Deborah Searle said
What Code of Conduct?  I'm in NSW.  

The suggestion that Jimmy and I are making is that in states where the strata act does not provide a code of conduct, the EC could adopt one anyway or the OC could impose one by making it a by-law/rule/article. Elsewhere I posted the ACT's code of conduct and JT posted one pinched from the US. 

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newlsie
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06/06/2017 - 10:33 am
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Hello,  Is there a sample code of conduct description anywhere.  We have an SC that has not had a meeting since they were voted in last October.  I went to Fair Trading and they, the SC refused to mediate.  Three of the 5 SC members are on the top floor and they are making decisions that affect themselves.  thanks, 

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JimmyT
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06/06/2017 - 8:19 pm
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newlsie said
Hello,  Is there a sample code of conduct description anywhere.  

Have a look here at the one we posted this week.

And Sir Humphrey posted the ACT's standard Code of Conduct here (item 2). 

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06/06/2017 - 8:33 pm
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Just some comments:

  • Code of conduct I think is something everyone will just agree to sign, and good luck with trying to achieve compliance. The majority of reasonable people already follow these – the troublemakers will never follow them and having them sign this won’t change that. They are bullies who ignore sanctions which have no teeth. 
  • A better strategy (and less reading) I think would be to have members agree to have committee meetings recorded. The possibility of having your rant / bullying shown on social media would curtail the worst behaviours, and reasonable people should have no objection.
  • Standing orders are useful as a tool to pull out at meetings. However, number 11 (re members having one turn to speak until all have spoken) needs a time limit. We had one bully who was able to talk for up to 45 minutes on whatever his pet item was.  Other members were too cowed by him to interrupt and the strata managers were not interested in intervening, and/or also afraid of him.

Mailbox is a first stop posting ID for readers who send their questions by email.  If they want to reply to members' responses or provide more information, they need to register and log in to the website, and will find detailed instructions on how to do that HERE.

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el capitan
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09/08/2017 - 3:09 pm
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JimmyT said
Have a look here at the one we posted this week.

And Sir Humphrey posted the ACT's standard Code of Conduct here (item 2).   

I am about to add the below to our scheme's AGM agenda, based on JimmyT's posted Code of Conduct and Standing Orders. I had to make it possible for non-Chair members of the SC to move, second and vote for Code of Conduct breaches to be recorded "just in case".

How does the Description, preamble and minor mods to what Jimmy posted look to other members here?

TIA,

El Cap

The Owners - Strata Plan No. xyz - Motion for Adoption of Standing Orders and Code of Conduct for Strata Committee (Special Resolution)

Description: in the interests of creating a productive and positive environment for the operation of the Owners Corporation and its Strata Committee, the included Standing Orders and Code of Conduct are proposed to guide the Strata Committee in its day to day activities.

That The Owners – Strata Plan No. xyz SPECIALLY RESOLVE pursuant to Section 108 of the Strata Schemes Management Act 2015 to make an additional by-law in the following terms:

Special By-Law No. x – Standing Orders and Code of Conduct for Strata Committee

  1. Standing Orders for Strata Committee Meetings

Strata Committee meetings of the owners corporation will be conducted under the terms of the Standing Orders affixed to this by-law as Annexure A.

  1. Code of Conduct for Strata Committee Members 

Lot Owners nominated to be elected to the Strata Committee will be requested to indicate their agreement to be bound by the Code of Conduct affixed to this by-law as Annexure B by signing and dating a copy of the Code of Conduct when they are nominated for election to the Strata Committee.

If a nominated Lot Owner has previously signed a copy of the Code of Conduct, they are considered to have done so for subsequent nominations.

Annexure A

Standing Orders for Strata Committee Meetings of Strata Plan xyz

  1. A committee meeting may not commence until the quorum of attendance (50 percent of the committee membership) has been reached. Proxy or absentee votes may not be counted towards the quorum.*
  2. The meeting must be chaired by the elected chairperson unless they are absent or unable to do so, in which case the committee must elect a chair for the duration of that meeting.*
  3. Voting on committee matters is by a show of hands with each member carrying only one vote (unless they have been granted a proxy vote in writing by a member who cannot attend and the committee has agreed to it being allowed).*
  4. The committee must have agreed to allow proxy votes before they can be counted. A simple majority of the committee in attendance can choose not to allow proxy votes if they so wish.*
  5. Members can be considered to be in attendance if they are present by telephone, video streaming or other electronic means.*
  6. The committee must allow non-committee members to attend the meeting but they are only permitted to speak if a majority of the committee agrees.*
  7. The committee may decide by a simple majority whether or not non-committee members should speak only on specific items on the agenda or on any or all agenda items.*
  8. In a tied vote, the Chairperson does not have a casting vote and any motion will be considered not to have been carried if it remains tied after a re-vote.*
  9. The chair should make it clear to non-committee members that they are bound by the committee’s agreed Code of Conduct and Standing Orders.
  10. The committee will consider the items on the agenda in the order in which they appear unless a majority of the committee agrees to change the order at the meeting.
  11. The Chairperson will allow each participating member or attendee to speak only once on a topic until everyone who wants to speak has had a chance to do so. The same restriction will apply after each time an attendee speaks.
  12. After discussions, and before a vote, the Chair will call for anyone who wishes to raise a point that has not already been discussed, to do so.
  13. Attendees and members who interrupt, talk out of turn or talk over other members may be warned verbally that their behaviour is not acceptable.
  14. If the behaviour is repeated despite a warning, the Chairperson can call for a vote of the committee to ‘name’ the miscreant in the minutes of the meeting. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
  15. The Chair can also propose a vote to ‘name’ any member or attendee who breaches the agreed Code of Conduct, specifying which item in the Code of Conduct has been breached. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
  16. The meeting will be called to a close after the final item has been discussed and voted upon.
  17. Any items not on the agenda can only be discussed informally and no vote should be taken or recorded.*

*Items 1 to 8 plus 17 are part of NSW strata laws or regulations.

 

Annexure B:

Code of Conduct for Strata Committee of Strata Plan xyz

I agree to serve on the strata committee for Strata Plan xyz and to be guided by the following principles:

  1. To attend and participate in all meetings to the best of my ability to be present.
  2. To respect the agreed Standing Orders at all meetings and to participate in a business-like manner.
  3. To accept the committee’s majority decisions, even if I disagree.
  4. To promote the goals and interests of the strata scheme in a constructive manner. To avoid creating unnecessary conflict among homeowners.
  5. To disclose to the committee any financial conflicts of interests.
  6. To conduct myself in a civilised and polite manner regardless of how heated discussions become.
  7. To refrain from personal attacks on other committee members, owners or tenants and to avoid language that is racist, sexist or otherwise  discriminatory.
  8. To do my best to ensure that the Owners Corporation’s finances are well managed.
  9. To uniformly enforce, without fear or favour, the by-laws of the strata scheme and the laws and regulations enshrined in the Strata Schemes Management Act 2015 and Strata Schemes Regulations Act 2016.
  10. To do my best to acquaint myself with the fundamental strata rules and regulations enshrined in the above by-laws and legislation.
  11. To place the best interests of the strata scheme above my personal interests; the interests of a particular homeowner; or the interests of a faction of homeowners.
  12. To resign from the strata committee if I find I can no longer maintain this agreement to serve.

Dated: __________

Name: __________________________

Signed: __________________________

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scotlandx
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09/08/2017 - 7:20 pm
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You can't have a proxy at a Strata Committee meeting, you can appoint an acting member who must be an owner or company nominee, refer section 34.

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el capitan
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scotlandx said
You can't have a proxy at a Strata Committee meeting, you can appoint an acting member who must be an owner or company nominee, refer section 34.  

OK, I'll reword so Proxy isn't mentioned and Acting Member is substituted. I'll repost once done for other members' potential use.

Reading that section, it appears an Acting Member's presence would count when establishing a quorum ("The owner or company nominee appointed is, while so acting as a member, taken to be a member.").

Am I reading that right? What if an existing member is appointed as Acting Member? Do they count as two attendees for the purposes of establishing a quorum?

El Cap

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El capitan said
Reading that section, it appears an Acting Member's presence would count when establishing a quorum ("The owner or company nominee appointed is, while so acting as a member, taken to be a member."). Am I reading that right? 

No.  The presence of an acting member has to be approved by the committee. The committee can't vote until a quorum is established so the acting member can't be counted as part of the quorum because they haven't yet been 'voted in' by the committee.

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el capitan
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10/08/2017 - 10:32 am
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JimmyT said

No.  The presence of an acting member has to be approved by the committee. The committee can't vote until a quorum is established so the acting member can't be counted as part of the quorum because they haven't yet been 'voted in' by the committee.  

Thanks, Jimmy - it's unclear in that section that the appointment is definitely limited to one meeting, and the appointment form I found on the Certified Strata website has an option to appoint for more than one meeting. Does the committee need to approve such an appointment at each meeting? i.e. Does the resolution to allow an Acting Member apply to only one meeting?

Thanks,

El Cap

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JimmyT
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10/08/2017 - 12:15 pm
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I agree that it's not crystal clear but my understanding is that even though the appointment form can cover several meetings, it has to be confirmed at each meeting.  

Otherwise committee members would be subverting the right of the owners to elect their committee.

In this situation, where there was a extended nomination covering a number of meetings, unless there were extenuating circumstances, I would be arguing strongly at committee that the elected member has no interest in the proceedings and should be invited to resign, meanwhile their stand-in will not be allowed to participate.

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el capitan
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10/08/2017 - 12:18 pm
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Eminently sensible. I'll adjust the wording to reflect this position. Thanks again.

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el capitan
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10/08/2017 - 2:37 pm
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Current form, please provide any thoughts:

The Owners - Strata Plan No. xyz - Motion for Adoption of Standing Orders and Code of Conduct for Strata Committee (Special Resolution)

Description: in the interests of creating a productive and positive environment for the operation of the Owners Corporation and its Strata Committee, the included Standing Orders and Code of Conduct are proposed to guide the Strata Committee in its day to day activities.

That The Owners – Strata Plan No. xyz SPECIALLY RESOLVE pursuant to Section 108 of the Strata Schemes Management Act 2015 (NSW) to make an additional by-law in the following terms:

Special By-Law No. x – Standing Orders and Code of Conduct for Strata Committee

  1. Standing Orders for Strata Committee Meetings 

Strata Committee meetings of the owners corporation will be conducted under the terms of the Standing Orders affixed to this by-law as Annexure A.

  1. Code of Conduct for Strata Committee Members 

Lot Owners nominated to be elected to the Strata Committee will be requested to indicate their agreement to be bound by the Code of Conduct affixed to this by-law as Annexure B by signing and dating a copy of the Code of Conduct when they are nominated for election to the Strata Committee.

If a nominated Lot Owner has previously signed a copy of the Code of Conduct, they are considered to have done so for subsequent nominations.

Annexure A

Standing Orders for Strata Committee Meetings of Strata Plan xyz

  1. A committee meeting may not commence until the quorum of attendance (50 percent of the committee membership as decided at the previous AGM) has been reached. An Acting Member may not count towards a quorum.*
  2. The meeting must be chaired by the elected Chairperson unless they are absent or unable to do so, in which case the committee must elect a Chair for the duration of that meeting.*
  3. Voting on committee matters is by a show of hands with each member carrying only one vote (unless a member who cannot attend has appointed another member as an Acting Member).*
  4. The committee must have agreed to allow the appointment of an Acting Member before their vote can be counted. A simple majority of the committee in attendance can choose not to allow the appointment of an Acting Member if they so wish.*
  5. Members can be considered to be in attendance if they are present by telephone, video streaming or other electronic means.*
  6. The committee must allow non-committee members to attend the meeting but they are only permitted to speak if a majority of the committee agrees.*
  7. The committee may decide by a simple majority whether or not non-committee members should speak only on specific items on the agenda or on any or all agenda items.*
  8. In a tied vote, the Chairperson does not have a casting vote and any motion will be considered not to have been carried if it remains tied after a re-vote.*
  9. The Chair should make it clear to non-committee members that they are bound by the committee’s agreed Code of Conduct and Standing Orders.
  10. The committee will consider the items on the agenda in the order in which they appear unless a majority of the committee agrees to change the order at the meeting.
  11. The Chairperson will allow each participating member or attendee to speak only once on a topic until everyone who wants to speak has had a chance to do so. The same restriction will apply after each time an attendee speaks.
  12. After discussions, and before a vote, the Chair will call for anyone who wishes to raise a point that has not already been discussed, to do so.
  13. Attendees and members who interrupt, talk out of turn or talk over other members may be warned verbally that their behaviour is not acceptable.
  14. If the behaviour is repeated despite a warning, the Chairperson can call for a vote of the committee to ‘name’ the miscreant in the minutes of the meeting. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
  15. The Chair can also propose a vote to ‘name’ any member or attendee who breaches the agreed Code of Conduct, specifying which item in the Code of Conduct has been breached. A motion to call for such a vote may be also moved by any committee member and the vote will be held if the motion is seconded.
  16. The meeting will be called to a close after the final item has been discussed and voted upon.
  17. Any items not on the agenda can only be discussed informally and no vote should be taken or recorded.* 

*Items 1 to 8 plus 17 are part of NSW strata laws or regulations.

 

Annexure B:

Code of Conduct for Strata Committee of Strata Plan xyz

I agree to serve on the strata committee for Strata Plan xyz and to be guided by the following principles:

  1. To attend and participate in all meetings to the best of my ability to be present.
  2. To respect the agreed Standing Orders at all meetings and to participate in a business-like manner.
  3. To accept the committee’s majority decisions, even if I disagree.
  4. To promote the goals and interests of the strata scheme in a constructive manner. To avoid creating unnecessary conflict among homeowners.
  5. To disclose to the committee any financial conflicts of interests.
  6. To conduct myself in a civilised and polite manner regardless of how heated discussions become.
  7. To refrain from personal attacks on other committee members, owners or tenants and to avoid language that is racist, sexist or otherwise discriminatory.
  8. To do my best to ensure that the Owners Corporation’s finances are well managed.
  9. To uniformly enforce, without fear or favour, the by-laws of the strata scheme and the laws and regulations enshrined in the Strata Schemes Management Act 2015 and Strata Schemes Regulations Act 2016.
  10. To do my best to acquaint myself with the fundamental strata rules and regulations enshrined in the above by-laws and legislation.
  11. To place the best interests of the strata scheme above my personal interests; the interests of a particular homeowner; or the interests of a faction of homeowners.
  12. To resign from the strata committee if I find I can no longer maintain this agreement to serve.

Dated: __________

Name: __________________________

Signed: __________________________

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Lady Penelope
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el capitan - I can understand why you are attempting to create a code of conduct, however, they can be 'toothless' unless they are enforceable and contain a penalty for any breach. Are you able to insert a breach provision?

You may find useful the sections below which are from a QLD perspective. They are the Code of Conduct that is contained within QLD body corporate legislation; and the penalties for breaching the code of conduct. NB: On becoming a committee voting member in QLD, the person is taken to have agreed to comply with the code of conduct.

Body Corporate and Community Management Act 1997 - SCHEDULE 1A

-- Code of conduct for committee voting members (section 101B and schedule 6, definition code of conduct)

1. Commitment to acquiring understanding of Act, including this code

A committee voting member must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member's role on the committee.

2. Honesty, fairness and confidentiality

(1) A committee voting member must act honestly and fairly in performing the member's duties as a committee voting member.

(2) A committee voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.

3. Acting in body corporate's best interests

A committee voting member must act in the best interests of the body corporate in performing the member's duties as a committee voting member, unless it is unlawful to do so.

4. Complying with Act and this code

A committee voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member's duties as a committee voting member.

5. Nuisance

A committee voting member must not—

(a) cause a nuisance on scheme land; or

(b) otherwise behave in a way that unreasonably affects a person's lawful use or enjoyment of a lot or common property.

6. Conflict of interest

A committee voting member must disclose to the committee any conflict of interest the member may have in a matter before the committee.

Body Corporate and Community Management (Standard Module) Regulation 2008 - SECT 34

34 Notice for breach of code of conduct—Act, s 101B 34 Notice for breach of code of conduct—Act, s 101B

(1) If a body corporate believes a voting member of the body corporate's committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following—

(a) that the body corporate believes the member has breached a stated provision of the code of conduct;

(b) details sufficient to identify the breach in not more than 600 words;

(c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;

(d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;

(e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.

(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate.

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