June 13, 2020 at 12:27 am #230904Murphy BrownMember
In a small strata (9 units) one person holds treasurer and secretary positions. There is no chairman. A group with a near majority wants to remove the office bearer from the committee due to failure to hold any meetings and to inform, failure to resolve common property maintenance issues, alterations/damage to common property without a meeting or vote, and generally taking actions to benefit themselves.
Is the appropriate process to call an extraordinary general meeting (a majority cannot be achieved on the Strata Committee alone) and vote for the current committee to be removed and a new one appointed (minus the current office bearer)?
Who should the request for the extraordinary meeting (and subsequent committee meeting) be submitted to (the Secretary)? If so, is there a required form or template for this request?
Does an agenda have to be provided with the request (it is doubtful that the Secretary would write one)? Can a chairman/location be specified (a unit holder has access to technology to assist during COVID-19)?
Is the secretary obliged to provide a copy of the strata roll if requested so that investor unit holders can be contacted and informed of the alterations to common property without consent or does this require a formal application at the unit holders’ costs (the investors’ proxy/vote would provide an absolute majority)?
If the office bearer ignores the request to hold the extraordinary meeting can the unit holders proceed with an extraordinary meeting anyway?June 16, 2020 at 7:32 am #231245Amanda FarmerExpert
Hi Murphy Brown,
I have been scanning later posts and I think your question has mainly been answered in other threads now – nice work sourcing answers from the knowledge library!
In relation to the request to convene a general meeting, this should be addressed to “the Secretary”. See section 19 of the NSW Act.
You may find this old thread helpful (see in particular my last post in response to AliceB, at the bottom of the thread: https://yourstrataproperty.com.au/qanda/topic/re-election-of-a-committee/)
The meeting should be chaired by the person elected to that position on the committee, or your strata manager, if they have been delegated that role. See clause 12 of schedule 1. I understand you do not have an elected chairperson. Do you have a strata manager who may be delegated that role under their agency agreement?
You are entitled to access a copy of the strata roll. You may be asked to pay a fee of $34.10, which is set out in the legislation. There are MANY posts in this Forum about accessing books and records of the Owners Corporation so if you encounter problems with that process, do seek them out or post again and I will direct you.
If the secretary will not convene the meeting, and noting that you have no other ‘officers’ on the committee, you may need to seek the intervention of the Tribunal.
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