Strata Committee - Can a Non Owner/Non Resident attend meeting | Strata Committees | Flat Chat Forum: Your Questions Answered




A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
Strata Committee - Can a Non Owner/Non Resident attend meeting
Avatar
kezza111
Flat(chat)Mate
Members
Forum Posts: 35
Member Since:
18/04/2017
sp_UserOfflineSmall Offline
1
18/04/2017 - 9:32 am
sp_Permalink sp_Print

Hi guys,

We will be having our AGM/SCM soon and wanted to get clarification on a person who is not an owner, proxy holder or resident of the building who insists on attending our Strata Committee meeting on the pretext that she is there to assist one of the owners (general Committee Member) who is not confident in her knowledge of the Strata Rules.

I have recently taken over as the Chair/Secretary of our self managed strata scheme (6 lots) and have found this person to be counter productive and divisive at our AGM and EGM meetings.

This person has the owner's Proxy for "one meeting only" each time we hold an EGM/AGM meeting.

Sch 2, Clause 13 says that a "non member owner may attend the meeting but is not entitled to address the meeting unless authorised to do so by resolution of the Strata Committee".

Please correct me if I'm wrong, but my interpretation of this clause is that ONLY non member owners may attend the SCM?

The owners don't want her present in the room when we elect/appoint our Officers for the forthcoming year.

Am I able to ask this person to leave the meeting room when we hold our SCM?

Thank you.

Avatar
JimmyT
Admin
Forum Posts: 4569
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
2
18/04/2017 - 11:54 am
sp_Permalink sp_Print

The Act only refers to non-member owners being able to attend and rather than you having to prove that they aren't allowed, you can exclude them and leave it to them to prove that they are allowed (see below).

Even owners aren't allowed to speak at committee meetings unless permitted by a majority vote of the committee.

Furthermore, Schedule 2 of the Act only allows for members of the committee to be represented by a non-member, provided they are approved by the committee. It doesn't allow for proxies of non-member owners.

General meetings are different. Non-owners can attend as proxies.  The process of electing the committee is part of the AGM but the election of office-bearers is a separate committee meeting, usually held AFTER the conclusion of the AGM.

I think it's reasonable to allow non-owners to represent owners at general meetings, but not to allow them at committee meetings, especially if they are disruptive.

Keep them out of the committee room and let them pursue you to NCAT if they feel they have a case.

13 Non-member owner may attend
An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
23 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

struggler: 459

Austman: 305

Billen Ben: 232

Millie: 211

Kangaroo: 168

Cosmo: 167

considerate band fair: 167

FlatChatFan: 147

daphne diaphanous: 137

Newest Members:

strats all

ram298

napolilta

smallfry

Pears

firsttimer02

Susan H

brianjpxv

juliefig

prideaux

Forum Stats:

Groups: 4

Forums: 46

Topics: 4332

Posts: 20522

 

Member Stats:

Guest Posters: 241

Members: 4926

Moderators: 4

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope