Can Strata Manager postpone AGM in spite of having quorum? | Another day in paradise | 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
Can Strata Manager postpone AGM in spite of having quorum?
Avatar
rhea
Flat(chat)Mate
Members
Forum Posts: 37
Member Since:
30/08/2015
sp_UserOfflineSmall Offline
1
12/12/2017 - 8:28 pm
sp_Permalink sp_Print

Hi, Flat chatters,

Our AGM was scheduled for yesterday 6.30pm. At noon we received an email from Strata Manager telling us “due to Secretary’s unexpected work commitments, tonight’s meeting has been postponed until January (date to be confirmed).”

Thankfully, I checked my email in the afternoon and emailed back to the Strata Manager, letting him know we have the quorum for the AGM. This I knew because I had spoken to the owners earlier. To which Strata Manager replied that other owners were not available and the Secretary made a call to postpone the AGM.

Can the Strata Manager take Secretary‘s instruction to postpone the AGM without giving sufficient notice and without consulting with the OC?

Is it legal for Strata Manager to postponed AGM meeting in spite of knowing the quorum would be at the meeting?

Thanks.

Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 852
Member Since:
02/02/2012
sp_UserOnlineSmall Online
2
13/12/2017 - 6:26 pm
sp_Permalink sp_Print

Well – it’s not illegal.

The question I would be asking is why the secretary is giving unilateral instructions to the strata manager to suit themselves.

Avatar
rhea
Flat(chat)Mate
Members
Forum Posts: 37
Member Since:
30/08/2015
sp_UserOfflineSmall Offline
3
13/12/2017 - 9:10 pm
sp_Permalink sp_Print

I believe secretary, treasurer, and our Strata manager are in cahoot.

I saw the secretary outside our building talking on the phone at 6.30pm when the AGM was scheduled.

Is there a penalty for Strata Manager or Secretary for postponing the AGM when quorum existed?

 
Avatar
JimmyT
Admin
Forum Posts: 4892
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
4
13/12/2017 - 9:28 pm
sp_Permalink sp_Print

There’s no penalty for that specifically but under section 238 (below)  you can take them to NCAT seeking orders to have them removed from the committee  for acting improperly. 

But why would they be in cahoots?  What were they trying to avoid having discussed?

 

238 ORDERS RELATING TO STRATA COMMITTEE AND OFFICERS

 

(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:

(a) an order removing a person from a strata committee,

(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

(c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.

(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:

(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

Avatar
rhea
Flat(chat)Mate
Members
Forum Posts: 37
Member Since:
30/08/2015
sp_UserOfflineSmall Offline
5
14/12/2017 - 6:56 pm
sp_Permalink sp_Print

Thanks, Jimmy for your response. The reason I believe they are in cahoots is an ongoing saga. I have summarised the main reason below.

  • On 1 July 2015, our first 10-year Capital Fund Plan (CF Plan) was prepared by Quantity Surveyor. The CF Plan was prepared without consulting the OC and I believe the plan is inadequate because it does not capture all works that are needed. The CF Plan was carried out under the instructions of the Treasurer, and Secretary with help of Strata manager. 
  • In Oct 2015 a special levy of $500k was raised for all remedial work-window upgrade that was not captured in CF Plan.
  • In Nov 2016 another special levy for $100k was raised to pay for works outside the scope of the Contract and was not in CF Plan. Most works were carried out to Secretary and Treasurer’s units and excluded other units due to insufficient funds. 
  • This year there is a proposal for Special levy again for ceiling repair work that is not in the CF Plan.
  • The Secretary has demanded the crack in her unit ceiling be fixed. The Secretary got the builder to inspect her unit and units on either side of her unit. The builder estimated the work would cost approx. 20k/unit. There are other units that require ceiling repair too. However, the remaining 9 out of 12 units were excluded from this inspection.
  • I requested the EC and Strata manager for inspection to be extended to all the units in our building. They argued that it would decrease the value of their units if it became a part of the record in AGM minutes. Consequently, I believe that the Strata Manager, Secretary, and Treasurer are in Cahoots. 
Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 852
Member Since:
02/02/2012
sp_UserOnlineSmall Online
6
14/12/2017 - 7:02 pm
sp_Permalink sp_Print

Isn’t this the issue you raised in another post?

Avatar
rhea
Flat(chat)Mate
Members
Forum Posts: 37
Member Since:
30/08/2015
sp_UserOfflineSmall Offline
7
14/12/2017 - 9:54 pm
sp_Permalink sp_Print

Scotlandx you have an excellent memory!

In order to answer JimmyT’s question, I copied the relevant part. 

 
Avatar
JimmyT
Admin
Forum Posts: 4892
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
8
14/12/2017 - 11:38 pm
sp_Permalink sp_Print

OK, the only way you will resolve this is by taking it to the Tribunal.  No one else can fix this for you.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online: scotlandx
29 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 584

struggler: 458

Austman: 334

Millie: 211

Billen Ben: 205

Cosmo: 188

considerate band fair: 160

Kangaroo: 140

FlatChatFan: 140

daphne diaphanous: 136

Newest Members:

jenyant391

mrsmac2

Gregory Lesina

Veronicaa

SAW

camelot

pruejohnson

Rhi590

VLS

jmayo

Forum Stats:

Groups: 3

Forums: 40

Topics: 4698

Posts: 22469

 

Member Stats:

Guest Posters: 242

Members: 5403

Moderators: 5

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope, Stratabox.com.au