Question: Whenever I submit a motion to be placed on the AGM agenda, it gets rewritten and changed. Why does this happen and is this action legal? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my…
Question: We had no knowledge an EGM was held to appoint a new strata management agent. Is this legal? Isn’t 7 day’s notice required for an EGM? Recently we found out that an EGM was held to appoint a new strata management agent. We had no knowledge of the EGM or the proposal for…
Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my motion. There is illegal parking occurring in…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice? Answer: It depends whether you…
Question: How many committee members need to sign off on the approval for repairs or building maintenance work for NSW strata properties? Our new Strata Manager is approving work quotes when only one or two committee members have OK’d it verbally, without including the other committee members in any correspondence. Answer: Email direction is…
Question: Dogs at our complex yap for hours. The noise is driving me crazy but I’m not sure what I can do. Can you help? I live in a very large Strata unit complex. There is an overload of dogs here – almost like a Canine Hotel – but all in all they are…
Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…
Question: Does the Owners Corporation have to pay sufficient money from levies into the Capital Works Fund? I have just discovered no money has been paid into the Capital Works Fund where I live for the last 3 years. Around 240 people live in the building. Answer: Yes, the Owners Corporation must pay funds…
Question: I was told AGM vote was not valid as I had sent it in 12 hrs before instead of 24 hours. Why are the rules around voting at AGMs so strict? My ballot vote for our AGM was rejected as I sent it in 12 hrs before instead of 24 hours before, so…
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…
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…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
Question: Can a proxy vote be voted out by other members at a Strata meeting. Answer: No, a proxy vote cannot be ousted by other owners at a general meeting because all owners are entitled to vote in person or by proxy. No, a proxy vote (unless the proxy vote is ruled out of…
Question: 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. You are correct. SCHEDULE 2 – Meeting procedures of strata committees of the Strata…
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…
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…
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…