Question: Our strata manager insists all committee meeting minutes must be posted to the noticeboards. Isn’t it a legal requirement to supply the agenda directly to all lot owners? Meeting Procedures of Strata Committees I am a member of a strata committee in a strata plan containing 18 units. Our strata manager insists that…
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…
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…
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 to exercise their vote. This is achieved via proper completion of the prescribed form. Quorum: The minimum number of owners required for a meeting to proceed….
Question: How can you add to a meeting agenda, either a committee meeting or Annual general meeting when the date, time, and agendas are already sent out? Answer: Theoretically, you could adjourn the meeting and incorporate additional items giving the full statutory notice period. The secretary of the owners corporation does not need to include requisitioned…
Question: Can an EGM be called to reverse the decision of a majority at an AGM? The owners corporation by a majority vote accepted the proposed strata levies at our AGM. Levies supported by appropriate budgets, explanations and Capital Works Funding Plan. A group of dissatisfied owners (just enough to make the 25% required for…
Question: I suspect my committee is meeting secretly and calling themselves a sub-committee, for the purpose of keeping proceedings of a significant matter away from residents. For a Community Scheme in NSW, does the legislation state that an agenda must be sent to all lot owners prior to a committee meeting being held, and that…
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…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
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…
Question: Our building is 38 lots. Is our strata committee required to post an agenda for ordinary general committee meetings to the notice board of the owners corporation? Answer: While the notice is routinely sent out by post to owners, tenants must be given notice either by post OR by displaying it on the…
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…
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…
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…
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….