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First time poster here with an issue that seems somewhat unique (I have searched the forums but can’t quite find anything that relates closely enough). I have tried to summarise the situation as succinctly as I can below:
I am a member of an Owners Corporation in Victoria with 20 lots
At the last AGM (November 2019) three owners were present: Me/’K’/’J’ (a proxy for ‘P’)
The Minutes presented by the Manager listed the committee as Me/’P’/’R’. R was on the committee previously but was not at the AGM in person or via proxy and did not submit a nomination for committee election.
Six days after the issuance of the Minutes I emailed the Manager advising that I thought the committee was detailed incorrectly (as it should have read Me/P/K). The Manager replied with ‘Apologies’
The Manager did not amend the Minutes but did not attempt to clarify the situation either
The Manager corresponded exclusively with myself/P/K from the AGM in November 2019 until June 2020 regarding committee decision making. R was not involved in a single email or decision over this period.
I called a committee meeting (as secretary) in August 2020 to terminate the Manager and appoint a new management company. Myself and K were (are) in favour of terminating the management company. Both the Chair (P) and the Manager refused to acknowledge it as a valid committee meeting because I did not invite R and that R needed to be involved in the decision.
Myself and K insist that K was elected as a committee member at the 2019 AGM (and that R is not a committee member). This is on the basis that we were both present at the 2019 AGM; hold a majority view (ie. 2/3) of lot owners present at the meeting regarding the election of the committee; and the fact that neither P nor the Manager sought to include R in any committee decision making from November 2019 to June 2020. In our view this implies that both P and the Manager understood the committee to be Me/P/K, and that if they thought otherwise they had an obligation to raise it much sooner than seven months after the AGM
P and the Manager now insist that R is a committee member, citing the Minutes themselves and the ‘evidentiary value of their notes’ (P’s proxy at the meeting took notes and alleges there was no change to the committee from the previous year, which is consistent with the Manager’s ‘notes’)
P as Chair refuses to acknowledge any wrongdoing on the Manager’s part and is therefore not supportive of terminating the Manager
Despite the confusion and somewhat heated debate in recent months, P has called a committee meeting for Tuesday week and invited myself/K/R. He believes that ‘consensus’ from all four owners on a motion will constitute a binding resolution
The OC’s financial year end took place a few weeks ago and P has set the AGM date for late October. I suggested that the committee meeting be cancelled and the AGM brought forward to resolve the matter once and for all. P rejected this on the grounds that the Manager allegedly isn’t available until late October. The Manager has since confirmed that they’ll attend the committee meeting Tuesday week.
I would like to understand, without doubt, who the validly elected members of the committee are. Any ideas? What a mess!
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