Those pesky proxies

Recently we were talking about developers using dubiously obtained proxy votes to further their own interests – but they’re not the only ones playing fast and loose with the law. QUESTION: We have a lot owner (let’s call him Mr. A) who has been holding proxy votes to form his executive committee and control the building.  

We had recently held an AGM chaired by the strata manager. When counting the votes, the strata manager (appointed by Mr. A) simply declared that he outvoted us. We disagreed and asked him to declare Mr. A’s votes. He just ignored us.  After the AGM, we obtained copies of the proxies and found that we have outvoted Mr. A by 5 votes. Again the strata manager ignored us. 

Who do I complain to about the strata manager and how can we, who had been voted by majority at the AGM, form our executive committee without calling another EGM or going through the CTTT.KS, Sydney ANSWER:  Assuming the strata manager doesn’t play ball,  the answer to the last bit is, you can’t.  But don’t be deterred. The strata manager chaired the meeting (he shouldn’t have) and he rigged the vote, so go to the Office of Fair Trading (Tel. 13 32 20) and you stand every chance of having the result overturned.   

Or, you could call an Extraordinary General Meeting (you’ll need one member of the EC or a quarter of the owners to demand it) at which I would have a strata lawyer present to make sure everything is above board.  You can vote the chairman off the committee and vote new members on to it. Then the first thing you should probably do is sack the strata manager. 

On another matter entirely, the University of New South Wales’ Faculty of the Built Environment  is currently undertaking extensive research into the whole business of strata living and how we feel about it.   Eventually, you’ll be able to go online to put your views but in the meantime, if they call you, give them five minutes of your time – the only way our voices will be heard is if we speak up when we get the chance. 

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