Strata Committee Officers’ excluding and controlling information

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Forums The committee Strata Committee Officers’ excluding and controlling information

Viewing 6 posts - 1 through 6 (of 6 total)
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  • #27461
    WhiteCat
    Member

    Can Strata Committee information, communications and decision making be exclusive to only the officers?  On our SC of 5 members,  3 officers,  Chair, Secretary & Treasurer exclude the non-officers from current access to communications in decision-making.  These are major decisions, remedial works and our outstanding fire order.

    The 3 also have a private google docs access that the 2 can’t access.  Should not all members have access to all Owners Corporation’s information.

    #27497
    Dobbie
    Member

    This does not sound right to me. The officers can’t withhold information from either committee members or owners.

    #27498
    ts1904
    Expert

    Hi WhiteCat,

    Technically, any of their communications in relation to the strata scheme form part of the owners corporations records which should be made available to those inspecting the records (much like you do when inspecting before you purchase a unit, for example).

    You can seek orders under section 188 of the Act to make those records available to you.

    As for making decisions – they should only be making important decisions at meetings. It sounds like they are making these by email to save themselves time.

    #27546
    Amanda Farmer
    Expert

    Hi Whitecat, as ts1904 points out, decisions should be made in properly convened meeting. All records are records of the owners corporation and should be made accessible to owners (not just committee members or officers).

    You may find that even if meetings are convened 3/5 carry the vote so nothing changes. There will, however, at least be transparency.

    Amanda.

    #235714
    Murphy Brown
    Member

    Would you be able to advise which section of the NSW legislation requires decisions to be made in properly convened meetings?  We have a Secretary/Treasurer who refuses to hold meetings, makes all decisions themselves and carries them out against others’ wishes.  No records are kept by the Secretary.

    #236583
    Amanda Farmer
    Expert

    Hi Murphy Brown,

    There is no section in the NSW legislation which requires a strata committee to meet to make decisions.

    This is a frustration I am hearing from owners more and more.

    This podcast episode may be helpful, if you haven’t come across it yet: https://yourstrataproperty.com.au/why-strata-committees-should-be-meeting-regularly/

    In my view, schedule 2 to the SSMA exists for a reason: this is the schedule that sets out the procedures for committee meetings. A committee that does not meet regularly and a secretary who makes unilateral decisions is (in my view) a sign of dysfunction. A dysfunctional owners corporation exposes itself to a successful application for the appointment of an administrator.

    The Owners Corporation has the power – at the next AGM – to determine that certain matters (in addition to those stipulated in our legislation) can only be decided at general meeting level. That could be an avenue to thwart this dictatorial sectary, assuming you have the support of other owners. Of course, the better outcome is to elect an entirely new committee, in which this person takes no part.

    Amanda.

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