Committee wants to step aside until further notice

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Forums The committee Committee wants to step aside until further notice

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  • #126671
    Persistence
    Member

    Hi

    I have a strata committee member who wants to step aside from committee work for a while until further notice. She has also asked not to be CC into any committee emails.

    In this scenario, what should the committee do with 1 person didn’t want to be involved in committee meeting and matters until further notice?

    Can she just wants to stay in her position or requires an owner to replace her until she feels like coming back?

    Regards

    Persistence

    #129469
    Amanda Farmer
    Expert

    Hi Persistence,

    This strata committee member can tender her resignation in writing at any time. See section 35(1)(c) of the SSMA NSW: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s35.html

    Once she resigns, the position is vacant. The committee can (but does not have to) fill the position. It can remain vacant until the next AGM.

    In the meantime, if this committee member who resigns does decide she wants to come back later and fill the position again, she can – as long as the vacancy hasn’t already been filled or an AGM hasn’t occurred in the meantime and a new committee elected.

    Amanda.

     

    #135848
    Persistence
    Member

    Hi Amanda

    She didn’t want to resign or vacate her position. She still wants to be in the committee, but she had informed the chairperson to inform the committee not to be CCd into the Committee emails until further notice. And the chairperson allowed her to do so without discussing with the committee whether she should nominate another owner to replace her temporary or advise her to resign.

    Because she has asked not to be CC in emails, The secretary did not send the committee meeting agenda and minutes. Therefore, it is not compliance with SSMA regarding notification of strata committee meeting that  each member of the strata committee need to be notified of an intended strata committee at least 3 days before the meeting is due to be held.

    I think is pointless to have a committee member who just wants to be remained in the committee but did not want to receive any communication in regards to the committee. Would that means that the strata committee meeting held is void because one committee did not receive the notice of the meeting and minutes?

    If someone wants to get a motion voted in writing without a meeting being held. Do I still need to send her the notice?

    Regards

    Persistence

    #137479
    Amanda Farmer
    Expert

    Hi Persistence,

    I agree with you: she can’t have it both ways.

    If she won’t resign but also won’t participate, a special resolution can be passed in general meeting, forcing her to vacate.

    As for notice of the meeting, if your building is 100 lots or less, notice of the meeting only needs to be placed on the notice board. It does not actually have to be sent to all owners or even all committee members. Was notice placed on the notice board?

    The minutes do have to be sent to all owners.

    I assume in your last paragraph you are referring to a committee meeting in writing. Notice of the meeting must be placed on the notice board 3 days before the meeting – the same as a meeting in person.

    Amanda.

     

    #231052
    Murphy Brown
    Member

    I note that the response above states that a special resolution can be passed in “general meeting” forcing her to vacate.

    I understand this to mean a meeting of the Owners Corp, not the Strata Committee.

    To do this, wouldn’t owners need to call an Extraordinary meeting?  Assuming that 25% of owners can agree to hold an Extraordinary meeting, wouldn’t they still have to achieve no more than 25% of the votes cast against the resolution (s5 SSMA)?

    In a small strata where chronyism and politics are at play wouldn’t this make it very hard to achieve a motion to remove the Committee Member?  It does sound like the Member has at least the Chair on side.

    On the question of replacing them, does this also need to take place at the Extraordinary meeting?

    It seems to be a theme that people want power of being on the committee, and office bearers, without the responsibilities that go with it.

    If unsuccessful at forcing the vacation of the committee member this way, I assume that it would be back to S238 and mediation followed by tribunal.  Would the abandonment of the member’s duties likely be enough for the Tribunal to remove them?

    You also mention the notice board.  Outside of the By Laws is there a section in the Act which requires a notice board to be in the Strata?

    #231148
    ts1904
    Expert

    Hi Murphy Brown,

    Your observations are correct, except for the part about the new member needing to have been elected at a general meeting (note: they’re no longer called extraordinary general meetings, but are now just referred to as ‘general meetings’).

    A vacant position on a strata committee can actually be filled by decision of just the strata committee in accordance with section 35(2) of the Act.

    Also, there is no section of the Act that requires a notice board. The requirement comes from the by-laws of the strata scheme.

    #231211
    Murphy Brown
    Member

    Thank you for correcting me.  It is good to know that an officer who is not demonstrating due diligence to their duties can be removed by a simpler process than a general meeting.  Although politics can be an issue at any level and getting members to do the right thing isn’t necessarily easy.

    Thank you too for the explanation about the notice board.  This is something that comes up often in Strata and has been confusing to me over a long period.  I checked our By-Laws and it is in there, although there is no notice board.

    Thank you Persistence for raising the issue.  It is an interesting study in a member wanting to have their cake and eat it too.

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