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03/12/2019 at 1:34 pm #45560nemisisFlatchatter
Can the Chair in an SC dictate what will/won’t be done in terms of replacement of ageing building components like Windows etc
SC member wishes to have a front entry door replaced. Chairperson says “no”. This is not at an AGM/EGM, just conversation.
03/12/2019 at 3:37 pm #45604scotlandxStrataguru
- This topic was modified 1 week, 1 day ago by .
No. The Chair does not have any specific or special powers, other than those relating to chairing/running a meeting.
A lot of people think that being the Chair means they have more of a say, or can tell people what to do. That is not the case, and they should be pulled up on it.
In the example you give that is a matter for the SC as a whole, and then possibly the owners.03/12/2019 at 11:09 pm #45614Colonel SchultzFlatchatter
No the chair can’t decide this or dictate terms, no power or authority to do that IMO.03/12/2019 at 11:21 pm #45639
The chair has no executive powers, as ScotlandX and Col Schultz has said, but what power do they wield in the community. If their word is effectively law, then quoting chapter and verse of strata law will make no difference. E.g. when your motion goes to the AGM to replace the front door, will it even get on the agenda.
Sure, strata law is on your side – but how much hassle and grief will you face in having that recognised. Just make sure you have some reliable allies in the block before you make your move.
04/12/2019 at 10:17 am #45702nemisisFlatchatterChat-starter
- This reply was modified 1 week ago by .
I’m not interested in outing the Chair. I’m just curious as to what powers they have. Thanks.04/12/2019 at 10:28 am #45713
Outing our ousting? 🙂
I wasn’t suggesting that necessarily but you will still need allies if you decide to challenge their decision not to consider your proposal for a new door.
As ScotlandX outlined above, the only “powers” defined by the Act are to chair meetings and, in extreme circumstances, rule motions on the agenda to be invalid. In fact, the secretary has more clearly defined functions and powers.
However, chairs can get above themselves and think they have executive authority to prioritise issues in the building (for instance). This is one of the reasons the NSW government changed the name of the strata committee from “executive” committee.
Once autocratic chairs are embedded, and have convinced the other owners that the building couldn’t function without them, it becomes very hard to get members of a committee or owners at a general meeting to even speak up, let alone vote.
In the worst cases, the chair will take a challenge to their decisions as a challenge to their position so whether or not you plan to oust them, that may be how it’s perceived.
But that shouldn’t deter you. Some quiet diplomatic chats with other owners may work wonders.
By the way, is it your front door or the one to the building and why do you want it changed?
05/12/2019 at 10:27 am #45731nemisisFlatchatterChat-starter
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Nope, Outing 🙂
Sounds better than Ousting!
The front door was an example only.11/12/2019 at 8:13 am #46128crispyFlatchatter
If you look at the Strata Schemes Management Act and associated regulations, Strata Committee member really don’t have any “Power” they have responsibilities. So if you feel that a chairperson is not reasonbably considering your propoosal, consider if they are fulfilling their responsibilites and following the correct processes. In my experience most Strata Committees do not correctly follow correct processes and are poorly advised by inexperienced strata managers11/12/2019 at 5:48 pm #46193FDHFlatchatter
The chair should say no, followed immediately by ‘that is not in the jurisdiction of the committee’. A chair who said yes, definitely would be abusing their power, and putting the owner in a position of having made an unauthorised change to common property.11/12/2019 at 5:52 pm #46221
FDH said: “The chair should say no, followed immediately by ‘that is not in the jurisdiction of the committee’. “
I fear that may be a very narrow interpretation of strata law. The Chair can’t say yes or no, but they should suggest putting it up for consideration at the next committee meeting, at which the committee can decide whether or not to recommend it to the owners corp at a general meeting.
In fact, if the door is in a state of disrepair, the committee can just agree to fix or replace it. But either way, the chair should be less dictatorial and more helpful.
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