316. A committee member’s failure to disclose a conflict of interest
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Reena and I cover:
- what happens when a committee member does not disclose their financial interest in a works contract that’s up for approval
- why EV charging and other “sustainability infrastructure” can be approved even if no one votes in favour of it
- the compulsory management appointment that took Reena by surprise
- a lot owner’s by-law success before the Tribunal
Links mentioned:
- Get the transcript here!
- Clause 18 – Schedule 2 – Disclosure of Pecuniary Interests – Strata Schemes Management Act 2015 (NSW)
- Section 5 – Resolutions of owners corporations – Strata Schemes Management Act 2015 (NSW)
- Section 237 – Orders for appointment of strata managing agent – Strata Schemes Management Act 2015 (NSW)
- Section 149 – Order with respect to common property rights by-laws – Strata Schemes Management Act (NSW)
Thanks Amanda and Reena for the information.
Concerns about paying for work done on a Strata Scheme without disclosure.
In 2015 the Strata Manager on our scheme paid for unnecessary and shonky work because according to him he has to pay the contractor.
Hope the Genius who prepare the Strata Legislation think about people who own a Home and do not want to be part of a Rort.
I have never not own a car and believe that the Government should make sure that public transport is available to All, instead of leaving people to fund for their shortcomings.
Does the voting rule about sustainability infrastructure have to be disclosed before a vote takes place e.g. a majority of people must vote against the proposal?
I’m sure most people would not know about this rule and therefore will it become a legal dispute at some future point if it’s not disclosed?
Is the 50% count calculated as only those present at the meeting when the proposal is put up for a vote or it is counted as the total amount of lot votes?
Hi Frederick, great questions.
There is no requirement to disclose how the vote is calculated, but it would be good practice to put on the agenda that the motion is required to be passed via a “sustainability infrastructure resolution” and to explain in writing what that means.
The 50% is calculated on those present at the meeting and entitled to vote.
Amanda.