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: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….
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…
Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…
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: Is it ok to defer an AGM because of Covid-19? Many residents do not have internet so electronic voting will be difficult. If so, how long can it be deferred for? Answer: If the Owners Corporation holds an annual general meeting once in every financial year, it will comply with the strata legislation. Many…
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 are the protocol and procedures for dealing with requests from a Lot owner for an EGM and a motion on the agenda? Answer: Instead of convening a meeting specifically for the requirement, you may place the motion on an agenda for the next general meeting No. Schedule 1 Clause 4 (3) requires the Secretary…
Inactive Body Corporate Member Could you please advise if a member of our Executive Committee – ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! Answer: The legislation contemplates…
Question: My application to park a Wheelie Walker in the foyer of our apartment block has been refused on the grounds that storage of the mobility scooter will be a safety hazard. Answer: Your mobility scooter may indeed constitute a fire hazard and possibly a trip hazard. Unfortunately, it appears that your walker may…
Question: Can I appoint an agent to receive all correspondence including owners corporation meetings information and levy notices? My strata manager insists this must go to the registered owner. Answer: You are correct. You are entitled to appoint an agent to receive notices. You are correct. Under Section 155 below (emphasis added), you are entitled to…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
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…