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  • #11036
    Hastings
    Flatchatter

    Last night was our AGM , we have 8 units and one owner had 2 proxys…. I declared this was invalid at the commencement of the meeting .

    The strata manager plus also an owner who is a strata manager elsewhere in Sydney said I was incorrect , (obviously I was correct due to recent law changes ) but the fact was unbeknown to them and I felt intimidated by being told I was clearly wrong .

    Regardless of how the meeting went with number of votes etc can the entirety of this meeting be declared invalid .

    Clearly there are 3 units (us) vrs 5 units ( them), but out of the 5 units side one owner had two 2 proxys we still would have lost on voting ,but I am livid that my opinion was dismissed by two professional strata managers.

    Towards also at the end of the meeting the ‘3 units side’ ( us) were dismissed out of strata committee (EC) and secretarial role and that I’m livid also … we now have little say in the running of the building …hence I now request ‘meeting declared invalid ‘ due to unauthorised proxy farming ….when in fact they were told by me to both strata makers they were incorrect

    What are the chances of i asking meeting to be declared invalid??

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  • #26807
    Jimmy-T
    Keymaster

    Technically you could have the election overturned but I’d say the chances are slim unless the Tribunal decided to make an example of the ruling group in your building.

    The Act (extract below) says the Tribunal can invalidate a meeting where a vote doesn’t comply with the law but may choose not to do so if the outcome would not be any different if the law had been complied with.

    You may actually have a slightly stronger case in asking for the compulsory appointment of a strata manager on the grounds that the committee is incompetent.  

    But you would probably need more evidence that this has resulted in the building and its owners being negatively impacted and, in case, compulsory appointments can be tough on everyone, you included, as you lose control of your building. 

    I would ask Fair Trading to send you a letter explaining the misuse of proxies and have that minutes at your next strata committee meeting in a motion demanding an apology.  That will be ammo for your next tilt at the committee. You could also report the strata manager for professional incompetence.

     

    24 Order invalidating resolution of owners corporation
    (1) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
    (2) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of Part 10 (other than Division 6 or 7) of the Strata Schemes Development Act 2015 have not been complied with in relation to the meeting.
    (3) The Tribunal may refuse to make an order under this section only if it considers:
    (a) that the failure to comply with the provisions of this Act or the regulations, or of the Strata Schemes Development Act 2015, did not adversely affect any
    person, and
    (b) that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.

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