25% votes is not enough

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Forums Meetings 25% votes is not enough

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  • #398431
    Homia
    Member

    Hi Amanda,

    Recently the owners were unhappy with the strata committee decisions and are pushing for an EGM/AGM to replace the existing strata committee members. Per the advice from the strata manager, he recommended to get 25% of the owners request to hold an meeting. 25% of the owners ‘signed’ a petition to request for a meeting and presented to the strata manager. Unexpectedly, the strata manager, said that it was not enough to arrange a meeting as even if the petition was presented to the strata manager, it is still up to the secretary of the strata committee to call a meeting. If he doesn’t want to call a meeting, there was nothing anyone could do. I read somewhere that a member of the strata committee could call a meeting but the strata manager said that only the secretary could call a meeting. Seems all the power is in the hands of the secretary. Is there anything that could be done to change it? By-laws?

    TIA

    #398549
    ts1904
    Expert

    Hi Homia,

    The qualified request (requisition) is made to the Secretary and they must then call the meeting.

    If the strata manager has delegated authority under their agreement (most do) to call meetings, they can exercise that authority (unless the secretary exercises their authority and instructs them not to convene the meeting).

    If either still refuse, then the next step is to seek orders from the Tribunal under section 232 of the Act, requiring the meeting be convened (and the orders can nominate a person other than the secretary to convene the meeting). Orders could also possibly be sought under section 237 of the Act to force a strata managing agent (either the current, or another one) to exercise the functions of the owners corporation by convening the meeting.

    #398825
    Amanda Farmer
    Expert

    Hi Homia,

    +1 to ts above, though I’d add: the Tribunal’s power to order a meeting is in section 20. Quote that section in your application.

    Amanda.

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