Can an unfinancial owner vote if they pay just before the AGM?

By admin,

We recently held our AGM. One of the lot owners paid their outstanding levies half an hour before the start of the meeting. We were unaware of this at the start of the meeting and the meeting was conducted, votes counted etc. with the understanding that the unfinancial lot owner’s votes were invalid.

Can an unfinancial strata committee member move or vote on motions?

By admin,

Our Strata Manager has informed us that at the beginning of each EC general meeting, we must ask if any members declare they are unfinancial.

If the committee does not ask this question and an unfinancial member moves a motion or votes on a motion, that motion can be declared valid.

My understanding is that if any EC member votes on a motion when they are unfinancial, that motion is invalid.

Can an unfinancial owner be elected to the strata committee?

By admin,

What is the recourse if an unfinancial member is voted to the strata committee? The question was asked at the beginning of the AGM "is everyone financial?". The Strata manager replied "Yes". The member was unfinancial in one of the two lots owned.

What is the recourse for a Strata Manager who has allowed this unfinancial member be elected on to the Strata Committee?

As the member was invalid to be elected at the AGM, am I allowed to go onto the Strata Committee as the replacement?

What can you do if a duplex co-owner refuses to contribute or attend meetings?

By admin,

We are a two-lot strata duplex, with one unit above another. Our voting rights are 50:50. A new owner purchased the downstairs lot 18 months ago. They refuse to contribute to any building maintenance, common property maintenance, or strata record keeping. We can't them to attend an AGM to carry out the basic requirements of the strata.

We own 50% of the property and have 50% of the voting rights, yet we can't even get the common property garden tended to unless we do it all ourselves or pay out of our own pockets to do it. What can we do?

What can you do if a duplex owner refuses repairs or renovation approval?

By admin,

I own a townhouse in a NSW duplex. Twelve months ago, I asked the other owner for permission to paint the exterior of my home using the existing colour scheme. The duplex shares a common wall. The other owner refused, claiming cracks in their townhouse meant the foundations needed inspection.

I organised an inspection. A quote was sent to the other owner for their repairs, but they said they could not afford the work.

How many committee members must approve strata repairs in NSW?

By admin,

How many committee members need to sign off any repairs or building maintenance work for NSW strata properties?

Our new Strata Manager is approving work quotes when only one or two committee members have OK'd it verbally, without including the other committee members in any correspondence.