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…
Question: We wish to change strata managers. What is the procedure regarding the Strata Management company during this process? Do they have a vote? Can they vote against the change? Answer: Care must be exercised to comply with the terms of the contract appointing the current Strata Management Company and with the strata legislation….
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: Do the changes in the Strata Schemes Management Act limiting the number of proxy votes an individual may hold, also apply under the Community Land Management Act? I live in a Neighbourhood Association and want to be clear as to how many proxy votes an individual may hold under the Community Land Management Act,…
Question: Our Strata is in NSW. 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. Sch 1 Cl 18 of the Strata Schemes Management Act,…
Question: The Act (section 5(b)) says a special resolution is carried if “not more than 25% of the value of the votes cast are against the resolution”. I would like to confirm that if 4 people (with equal lot entitlements) cast votes with 3 in favour and 1 against, the special resolution motion is lost….
Question: Can we hold a meeting electronically and just have everybody use electronic voting on the issue of a special levy via email to our strata manager rather than having another face to face meeting? Answer: Whether or not you need a meeting depends on whether you’ve adopted “pre-meeting” electronic voting or electronic voting…