This week, Reena and I get stuck into these curly questions:

2 Responses

  1. Regarding committee powers: what can an OC (or SMA) do if the Committee varies action that was resolved at an AGM? let me explain> a resolution was passed to get quotes from alternative Pool Maintenance firms and Cte to select preferred contractor. But, the committee merely terminated the existing pool firm and didn’t replace with another professional firm, some cte members cleaned the pool themselves on a voluntary basis for a few months, then they engaged a new Janitor who was given that role (to make up part of his 5 hours pw on site). Has the SC acted ultra vires?

  2. Second incident of SC acting outside of its powers: After a Janitor resigned (reasons withheld but related to SC’s onerous expectations), the SC sought applications for replacement. Those applications were NOT revealed to the Cte, nor documented on the MInutes as Correspondence In. A person was engaged under a different arrangement from the previous Janitor such that a number of hours per week is expected for his attendance on site (and obviously paid) but this immediately exceeds the old Retainer fee by threefold when extended to a 12 month duration. As SMA, I queried this and alerted the SC to the potential blow out of the budget but the Secretary who was the protagonist in the change of personnel, retorted that they had saved $XXXX on the pool cleaning so they are better off! How do I deal with this ultra vires action and blatant disregard for SC authority?

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