Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #44878
    Avatarlarney
    Flatchatter

    Along with many other strata we have a very poor Strata manager at present (Sydney)

    We recently had our AGM. Once I had the agenda in my hands (with 5 clear days notice), there were motions that had not been seen by the SC and which I wanted changed. One of these concerned a new by-law, another concerned the renewal of our contract with the SM Company. In all, I put 5 amendments to motions at the meeting. All of these motions with amendments were voted on in the affirmative.

    I received the minutes today. I am the Chairperson and there was no consultation with me or with the secretary about the minutes before they were distributed. None of the amendments were listed.

    With the motion concerning renewal of the contract, the amendment put was “THAT in accordance with Section 50 of the Strata Schemes Management Act 2015 (“Act”) the term of appointment of … (“Agent”) as strata managing agent of Strata Scheme No … be extended by 3 months; and that … (“Agent”) send a copy of the strata roll to the secretary.
    The minutes just state “Motion defeated”. The amendment is not mentioned.

    I know that under normal circumstances you have to wait for the next AGM to correct minutes. In this case one of the amendments concerning the wording of a new by-law, and the motion concerning the renewal of contract cannot wait another year.

    What is the best way to handle this?

    #44888
    Jimmy-TJimmy-T
    Keymaster

    My strata manager mates will hate me for saying this but the SM is just a delegated functionary of the owners corp, in this regard. To put this simply, you are the boss of the SM, not the other way round.

    At any point, the owners corp, as embodied but the strata committee, can resume control of things like the minutes.

    So rewrite the minutes to properly reflect the decisions of the meeting (you don’t need to wait for the next AGM), send them to the strata manager and politely ask them to send out a) an apology for sending out inaccurate minutes and b) the corrected minutes as agreed by you and the secretary.

    If the strata manager refuses or doesn’t comply within, say, five working days, send the minutes out yourself and, at the same time, raise a complaint with Fair Trading (who will do absolutely nothing – but at least it will be on record that the SM allegedly behaved unprofessionally).

     

    #44903
    Sir HumphreySir Humphrey
    Strataguru

    I agree with all JT said. Furthermore, in standard meeting procedure, it is the chair who issues the minutes and vouches for their accuracy (although amendments might be voted on and made at the next AGM). I would redraft them. Get the other committee members to proofread for you. Then the committee can direct the manager to reissue the corrected minutes, certified as accurate by you as the chair of the meeting.

    Assert yourselves, politely but firmly, and you might get better service next time.

    #44908
    scotlandxscotlandx
    Strataguru

    Yes I agree with JT but it is not standard meeting procedure for the Chair to issue the minutes and vouch for their accuracy.

    The Secretary prepares the minutes, which are then circulated to the meeting participants for review and comment/change. At the next meeting the participants should confirm the minutes and the Chair sign them to reflect that.

    This often doesn’t happen with strata minutes, but no reason why it shouldn’t.

     

     

     

     

     

Viewing 4 posts - 1 through 4 (of 4 total)

You must be logged in to reply to this topic.