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At a recent General Meeting, the Owners Corporation voted in favour to fully replace our very old lift. The motions to upgrade the lift or do nothing were defeated.
We are now going to another GM to “decide” which company will be used to replace the lift. This has, however, already been decided by the Strata Committee. We will have no choice in the matter.
What’s more worrying, is that there is now the same motion, which was defeated at the previous meeting, to only upgrade the lift.
Surely, the OC’s original defeat of this motion must stand and that the SC and Strata Manager can’t now suggest an upgrade.
provided process is followed, a motion can be reput to the OC at any time, even if it has been defeated before.
You may also want to consider that an upgrade will be cheaper than a replacement. To my mind that argument alone may be influential in a revote.
If you feel that the views of the majority of owners is not represented by tha SC, organise as many other owners to vote at the meeting to vote down the changes
Thanks Robert, what actually do you mean by “provided process is followed”? Prior to the OCs decision to resolve in favour of a new lift we were supplied with a consultant’s report. It made no mention of various suggestions about how we should decide whether we get a new lift or an upgrade.
We have now been supplied with a rewrite of the first report suggesting we shouldn’t get a new lift if we plan to sell the building within 10 years. None of this information was supplied with the first report. The OC has been told nothing about selling the building to developers or supplied further information which was available at the time of the first report.
We are being hoodwinked.
It seems like this is an issue of the strategy to use, rather than the law. Yes, at a subsequent General Meeting, the owners can overturn or alter a previous resolutions. It is the Strata Committee that puts the motion into effect, but until they act, then the building can change its mind.
But you need to decide what outcome you want, and rally the other owners to agree with that; or at least sufficient of them, to attend a General Meeting – or provide a proxy – and vote in favour of your solution.
Put together a proposal, which will give you the desired result, and discuss it with all the other owners who will help you – email them, or phone them, if you don’t know them. Work out new motions, and then ask the Secretary to call a General Meeting, for the proposed motions. If the Secretary refuses, then a quarter of the owners can bring it on, instead.
Get the numbers on your side, and you will get the result you’d prefer. But, you normally will need to organise before the meeting, the chances of swaying votes at the meeting usually are slim – people will have made their minds up already, and the Strata Committee will be committed to a course of action, and they will attend the meeting, and their numbers, if no-one else comes who is motivated to alter the situation, will be determining. Remember that you, or the Committee, can obtain proxies from people not willing to attend in person.
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