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  • #48574
    AvatarMiranda
    Flatchatter

    Two months go I bought  into a NSW strata of 9 and we had our AGM a month ago.  Only 2 turned up including me.  As there was no committee I stood for membership so we now have a committee of …… one.  Since then I’ve come to know  some of the other owners  and 4 of them  have now said they  would like to join me on the committee. . That would make a majority of 5.  One of our first moves would be to sack our present Manager and appoint a new one.

    Now I’m wondering is it possible to appoint a committee outside of the AGM and how would we go about it.  Would a special meeting need to be called and if so by whom.  Do all the owners need to vote?  And what would it involve to sack the manager?

    We do have another in mind.I would really appreciate any advice please .

    • This topic was modified 1 month, 1 week ago by .
    #48577
    Jimmy-TJimmy-T
    Keymaster

    There is a process around committee elections and I suspect it hasn’t been followed.

    Firstly you call for nominations

    Then you decide how many you want on the committee.

    Then if the number of nominees exceeds the number of vacancies.  You have an election.

    To correct this, you need to call an Extraordinary General Meeting,remove the strata committee and have another election at which you do things properly (and get yourself re-elected).

    I think a committee of five is way too many for a nine-lot scheme (where the owners only take an interest after the matter). All it takes is for three people not to turn up for a meeting and it would be inquorate.  Three e=would be a much better number.

    As far as the strata manager is concerned, they will have a contract that spells out how long they are employed for and the terms under which they can be terminated.  You might find it’s very hard to replace your strata manager before their term is up, unless they have breached the terms of the contract.

     

     

    #48585
    AvatarMiranda
    Flatchatter
    Chat-starter

    Thank you Jimmy,  really appreciate it.

    So to call an EGM can I as the committee (!) do so or does it have to be the strata manager.  If so is he required to do it if asked?

    Also am I entitled to have a list of the owners’ contact details from him?

    #48596
    Jimmy-TJimmy-T
    Keymaster

    I think the first thing you need to do is download the Fair Trading document Strata Living and give that a good read.  You might also want to have a look around the Fair Trading website HERE.

    Just to be clear, the strata manager does what the committee wants, not the other way around (unless it would be illegal). So, when you’re ready, ask the SM to call an EGM.

    And yes, you should have the owners contact details, since you are effectively the secretary of the owners corporation (body corporate).

    • This reply was modified 1 month, 1 week ago by .
    #48632
    Avatarmagpie
    Flatchatter

    Yes to all that Jimmy T. has said and especially to reading the rules on the fair trading site. Also here: https://www.lawsociety.com.au/for-the-public/know-your-rights/strata-title

    Ah the joys of managing a small building where other owners do not attend the AGM then leap into action when one owner occupier nominates. You can do this! When you have committee meetings remember that you must keep minutes of those meetings, and remember that the body corp managers can only act on instruction so you can take control of the work done on your building but it takes time and energy. You may want to change managers but perhaps you can work out a way to take control and make them work harder for you, under the instruction of the committee. Managers can appear very slack but sometimes it is because no one (unit owners) has had the time and energy to take control.

    I believe that you have the right to have a list of the owners and all other committee members do also. (That was the case in Vic.)

    Good luck with this. Keep good records, keep communication open and clear, and remember too that if you need information consumer affairs is there to help.

     

    #48640
    Strata AnswersStrata Answers
    Flatchatter
    (from NSW)

    You are in  NSW.  So just too give you the NSW perspective…

    Following on from Jimmy’s advice you do indeed need  to  call a General  Meeting to establish a new committee.

    You are presumably  secretary but just in case there was an irregularity in the way you were appointed. ??? , best if 25% of owners ( by unit entitlement) requisition a General Meeting – now you have allies  getting the signature of 2 others as well as yourself to make this qualified request should not be a problem.

    You are certainly entitled to the contact details of other owners and armed with these you could send out an agenda notice to all the Owners. Otherwise you can ask the SM to do it, but they will probably charge the OC extra.

    Remenber you need

    • To resign your position (otherwise there has be to a special resolution to “spill” you from your committee of one !
    • A Motion  to determine the number of members on the committee – Jimmy suggests 3 is an effective number for decision making
    • A Motion to call for nominations and elect a Committee

    Maybe your  new committee can get better value out of your strata manager as Magpie suggests.

    Good luck

    S T R A T A   A N S W E R S  PTY  LTD      practical solutions for strata living
    abn 11 600 590 083
    http://www.strataanswers.com.au

    solutions@strataanswers.com.au

     

    #48674
    AvatarMiranda
    Flatchatter
    Chat-starter

    Thanks everyone for your further input, and I have ploughed through all the linked documents so I have a much better idea of what’s what.The regs here in NSW are different to those  in Vic that I’m used to.

    To Strata Answers I believe my election to the committee was proper as it was done at the AGM.  But I wasn’t specifically elected as secretary,  and I have a feeling that in this case  the ‘power of one’ isn’t much.

    As for setting up a committee here I think I may put it on hold.  To be honest none of the others show the slightest interest in terms of doing any work and I suspect it would all land in my lap which I don’t want.  They like the idea of sitting on a committee but I think it would be just that, sitting.

    Never mind, the AGM is only 11 months away!   I’ll try to be patient, but thank again everyone.

     

     

     

     

     

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