Question: What is the procedure to have the minutes of an AGM amended? What is the procedure to have the minutes of an AGM amended? Is it by way of a motion for the agenda of the next AGM or can an amendment be proposed and seconded from the floor at the time of…
Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation? Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of…
Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…
Question: Our committee has accepted a new MAA while we still had a year on the current agreement. There are fee increases and other changes. Why would this occur? I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly…
Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…
Question: One of our EC members has called a general meeting to terminate our current strata manager and appoint a new one. He states there is a dispute about the length of the current agreement. Should the meeting proceed or be postponed until the disputed term has been settled? I am a member of…
Question: I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen? I’m seeking permission from the Exec Committee to update my old floating floorboards to new…
Question: When our AGM was scheduled, a cut off date was set as 5 weeks prior to the AGM. This was the last day agenda motions would be accepted. Does the close off date need to be advertised? Answer: There is no obligation to advertise the cut-off date for a general meeting. There is…
Question: Is this general meeting valid? What about the quorum? We have just had an EGM stated as (DATE) with pre-meeting voting closing (24 HRS PRIOR). The notice of the meeting was misleading. On one side of the header, it says: The meeting will be held on (DATE) via electronic vote commencing at (TIME) Next…
Question: Our Strata Manager has been putting off our AGM since December. How can they be made to hold an AGM asap? We have issues that need to be addressed. Answer: An AGM must be held once in each financial year of the owners corporation. As set out in the extracts of the legislation…
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: In NSW strata, how many committee members are needed to agree for the approval of building repairs or works? What is the NSW strata law regarding how many committee members can approve building repairs or works? In our building of eight lots, we have always stood by four committee member approvals as a…
Question: Our strata manager refuses to hold our AGM after office hours. Should this be an expected service or is he being inflexible? Our strata manager refuses to hold our AGM at 6.30 pm. He says his office closes at 6 pm and will not accommodate an owner who cannot attend until 6.30 pm…
The new defects rectification guide has been launched in NSW. The NSW Government has written a step by step guide which helps Strata Managers and property owners with identifying and then rectifying defects in apartment buildings in a seamless process. This is a first of its kind for government and it enables the government…
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: 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: Is it possible to access a unit if the owner has not granted permission but the tenant has? This is for the sake of a dye test and roofing repairs. Answer: The occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is…
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: Is it necessary to record the names of movers and seconders in the Strata Committee minutes? What are the ramifications if those details are not recorded? Answer: There is no express requirement in the strata legislation to record such names, but you could record the names if you wanted to. There is no express requirement in 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…