This article discusses whether withholding information is a UTMA code breach and what steps can be taken if it occurs.
Question: The committee has a number of major issues that need to be resolved but the secretary is trying to filter all information. Is this a breach of the UTMA Code of Conduct?
I was elected onto the Executive Committee last year. The new EC comprises of two former EC members and three new members. I am a new member.
Me and another new member have been elected Co-Chairs. We are not having much luck with the former Secretary who actually ran the former EC and compartmentalised most information.
We have a number of major issues that need to be resolved which he will only drip-feed information about. He is contacting our contractors and suppliers and still meeting with them about these issues.
We are talking about major defect rectification and legal issues and he is trying to filter all information. He is effectively running a shadow EC.
Is this a breach of the UTMA Code of Conduct?
Answer: It’s imperative for the Owners Corporation that the Executive Committee is on the same page as a collective.
Have you considered raising your concerns with the former Secretary directly? From our experience, delicate issues that are raised in a mutual environment can be beneficial. Alternatively, if you have one, your Strata Manager may be able to facilitate mediation. It’s imperative for the Owners Corporation that the Executive Committee is on the same page as a collective so that they may present a united front at any General Meetings ensuring that matters are communicated effectively.
The former Secretary does need to be mindful that there is an Executive Committee – Code of Conduct which must be abided to in accordance with Schedule 1 of the Unit Titles Management Act 2011.
If the situation becomes untenable within the EC, you have the ability to remove certain members of the EC under Section 39 (5) of the UTMA via ordinary resolution at a general meeting on the provision that the Owners Corporation elect another member to fill the vacant position at that meeting.
This post appears in Strata News #454.
Caroline Mitchell ACT Branch Manager Civium Communities E: caroline.mitchell@civium.com.au