Owners denied voting rights for ‘unpaid charges’ they never authorised
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Some owners were locked out of voting on the basis that they were unfinancial due to alleged monies owing for faulty remotes. The remotes failed because the gate motor reached its limits and ejected existing remotes when new ones were installed. The supplier tested the system and confirmed this was the cause. Despite this, the committee chair and the owners corporation manager ignored the test results. The owners never authorised the on-charges and believe this was a tactic to prevent them from voting out the chair. What can they do?
Are online pre-votes before an AGM valid?
Our AGM had no physical attendees. Are online pre-votes before the AGM deemed valid? Do these votes count towards the quorum under section 90 of the Owners Corporation Act 2006? The Act states that resolutions of the owners corporation may be made either at a meeting or by ballot, not a combination of both. Opinions of the owners, the committee and the owners corporation manager differ. What is correct?
Our insurance Product Disclosure Statement says "we are not independent, impartial, or unbiased"
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The following information is included in our insurance Product Disclosure Statement: "we are not independent, impartial, or unbiased." Is this a usual inclusion? Does it apply to all insurers?
What can owners do if the self-managed OC committee refuses to communicate?
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I own a lot in a self managed owners corporation in Melbourne. The committee has not replied to emails, sent any OC correspondence, or banked OC fees for over two weeks. They have not updated the service of documents address from the old management company or provided owners with the current committee contact details. It is impossible to communicate with any OC member, as they are all investors living off-site. The committee hasn't sent AGM notices for years.
Do energy-efficient window upgrades count as sustainability items under the Act?
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The Act states that it is unreasonable to refuse an application for the installation of a sustainability item only on aesthetic grounds. If an owner wants to replace windows with more energy-efficient versions, does this fall under the category of sustainability? If like-for-like frames are not available due to the age of the existing windows, can the frames also be replaced as part of the upgrade?
Owners submitting completed AGM voting paper
Some owners reported that during the 2024 AGM period, a committee member visited them with a voting paper. The committee member suggested how to answer the motions and urged the owners to sign immediately. After they signed, the committee member took the paper and said they would deliver it to the secretary. Is it permissible for an owner to hand their completed AGM voting paper to another owner or committee member for delivery to the secretary?
Why the $3,000 cap on lot owner improvements no longer works
The committee received a home improvement request for the exclusive use area of a townhouse. Because the request exceeds $3,000, the committee was advised that the approval must be voted on at the AGM or through a paper meeting, which costs about $1,000. Is this a reasonable cost per meeting? Can the committee pass a resolution at the next AGM or paper EGM to increase the $3,000 threshold for home improvement requests to a higher value?
Can owners require council nominees to submit background details before an AGM?
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Can an owner lodge a motion for an AGM requesting that nominees for a council of owners committee lodge a completed nomination form, including their background and capabilities, at least two weeks before the AGM? A list of nominees could then be circulated to all owners at least one week before the AGM.
The current process does not leave adequate time for owners to consider the merits of all the nominees.