NSW: Q&A When are Pecuniary Interest Disclosures Required?

  Question: If a committee member submits a motion they have a vested interest in, shouldn’t they abstain from voting? Should the strata manager enforce this? Regarding the issue of a Strata Committee Member proposing a motion to the Strata Committee that they have a vested interest in, which constitutes a breach of conflict of…

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NSW: Q&A Strata Management Quotes and Appointments

  Question: If you are not adequately satisfied with the performance of your strata manager, can’t you just swap them for a new one? If you are not adequately satisfied with the performance of your strata manager, then instead of prolonging the agony, it’s best to just give them the heave-ho and replace them with…

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NSW Building Industry Springs into New Beginnings

  Strata is thriving this Spring! The NSW Government along with David Chandler and the Office of the Building Commissioner are steaming ahead in cementing NSW as a Building Industry powerhouse. With the recent building industry failings and development oversights that have come to light in NSW the OBC has been granted new powers. As…

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NSW: Q&A Strata Manager Complaints and Bullying

  Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us & sometimes a little bit…

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NSW: Q&A Quorum Requirements for the AGM

  Question: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members? Our Strata committee has six members. I am told a quorum is three members. Do the six strata members have to be notified before a meeting or decision is to be discussed or…

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NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

  Question: Can a vote on a decision be raised after a decision and expense has occurred? Under what circumstances does a decision require a special resolution? And who decides a special resolution is appropriate? Answer: Once an expense has been incurred and paid for it is difficult to reverse Once an expense has been…

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NSW: Q&A Positions on the Strata Committee

  Question: Can a husband and wife both hold positions on a strata committee? Answer: Provided the rules on nominations were strictly observed at the time of their appointment, there is no restriction on a husband and wife both being on the strata committee. For the full question and our detailed response, visit the original…

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NSW: Q&A Strata Management Quotes and Appointments

  Question: We wish to change strata managers. What is the procedure regarding the Strata Management company during this process? Do they have a vote? Can they vote against the change? Answer: Care must be exercised to comply with the terms of the contract appointing the current Strata Management Company and with the strata legislation….

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NSW: Q&A Using Electronic Voting to Fast Track Committee Decisions

  Question: Our AGM will be held by electronic voting thereby negating any opportunity to debate motions on the Agenda. Is this considered fair and reasonable under current NSW Legislation? The Strata Manager and Strata Committee have orchestrated the AGM to be held by electronic voting thereby negating any opportunity to debate motions on the…

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NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

  Question: As a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”, can I confirm that “not more than 25% against” is different from “75% or more in favour”? The Act says a special resolution is carried if “not more than 25% of…

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NSW Q&A: Executive Committee Member Voting

Question: Our Strata is in NSW. Is a member of an Executive Committee eligible to vote on a motion they put forward? I understand the Committee members have a responsibility to make decisions on behalf of all lot owners, not for personal gain. Answer:  You are correct.  Sch 1 Cl 18 of the Strata Schemes Management Act,…

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NSW Q&A: EGM Agenda

Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…

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NSW Q&A: Legal Responsibilities of Sub-Committees

Question: Do sub-committees have the same legal responsibilities as Strata Committees under By-Laws and NSW Legislation in terms of issuing agendas and recording (and distributing to lot owners) minutes of meetings. Lot owners here suspect the committee is avoiding discussions with residents and committing to expenditure by declaring that they are meeting as a “sub-committee”….

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