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 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 Proxy Votes & Quorum Requirements for Annual General Meeting

  Lot owners from NSW have questions about dealing with proxy votes and the quorum requirements for annual general meetings. Leanne Habib, Premium Strata provides the following responses. According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person…

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NSW: Q&A If Executive Committee isn’t Acting Appropriately

  Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do? Answer: Stand united at the next AGM and gather a proxy each and vote the current…

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NSW: Q&A The First AGM, Building Defects and the Statutory Warranty

Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…

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NSW: Q&A Owners Corporation Meetings – Times and Frequency

  Question: Are there rules concerning the actual time of day when an AGM is held? Answer: The timing should not “intentionally” be selected to prevent certain owners from attending. Though the strata legislation is silent on the point, some general rules do apply. While the timing of the AGM is at the discretion of…

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NSW: Q&A How long can member hold positions in executive committee?

  Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…

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Ask Premium Strata – AGM Timing

AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….

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