This week, Reena and I are answering these questions: 

We also celebrate a win which involved putting a mediation application ‘on hold’ while owners found a creative solution to a difficult problem.

Links mentioned:

5 Responses

  1. Both Reena and Amanda seem to feel the SC can give authority for otherwise ineligible person/s (such as the agent) to include motions.
    The SC doesn’t even have authority to submit motions.
    In Qld the SC do have that authority, but not in NSW. It was requested that authority be part of the 2015 reforms in NSW, the Parliament declined.

    Can the SC give the agent authority to include motions; I don’t think so.
    Qualify please.

    Possible issue with holding the first SC meeting directly after the AGM.
    If notice of the SC meeting is attached to the AGM and a non owner is elected to the SC then said non owner (who may or may not be at the AGM) , now a SC member as a consequence of the election, has not been served notice of the SC meeting under Sch 2 cl 5.
    Strange scenario but it has happened.

    Reenas’ win:
    Why is the owner paying for the OC to perform its function, i.e the meeting to make a decision?
    I appreciate it is preferable but strata is not user pay yet.
    I wouldn’t even agree a by law could require it.
    Do we get an owner to pay for service of documents (agendas and minutes) if an owner has not provided an electronic address (email) … where does getting owners to pay for OC functions stop?
    It seems we know where it started.

  2. The podcast says an agent has no authority to add (their own) motions to the agenda.
    According to a disreputable agent in Liverpool there is a recent NCAT case that begs to differ.
    I have not seen the case; I do not think it was from the digest, possibly not even reported.
    Have you heard of this alleged case?

  3. Hi stephen, thanks for your insights as always. No, I haven’t come across any cases on point. If that agent could direct us to the details or even send a copy (identifying details redacted if necessary) that would be helpful. I have heard from another strata manager that the ‘secretary’ would have the function of adding motions to the agenda and if the SM has that delegated function, they could do so. Not sure I agree as the Act does not actually give this function to the secretary. The secretary ‘convenes’ the meeting, query whether this includes drafting their own agenda…Section 43(a) says that the secretary must submit a motion to confirm the minutes of the last meeting, but no more than that.

  4. Interesting podcast – we are in Victoria and our OCM has been putting on the AGM Agenda for the last two that their contract be extended – motions never moved – minutes say Noted. At the last AGM they did not attend so the OC members who were present moved their own motion not to extend the contract – however when one reads the agenda complied by the OCM they have stated that the meeting is restricted to the Agenda items only so the motion moved by OC members could be not valid as it was not circulated to owners prior to the meeting – Be interested in your comments

    1. Hi Jay,

      Thank you for sharing that experience. Unfortunately, as I am not familiar with the intricacies of VIC law in this area I am not able to provide much by way of intelligent comment! This may be one to flick to a qualified VIC practitioner. Let me know if you need any recommendations.

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