Eight council members were elected at our AGM despite the seven-member maximum — what happens now?
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At our last AGM, 8 council members were elected even though we have no by-laws allowing that.
When questioned about this, the strata manager responded:
”There was no need for a ballot vote as the majority voted for 8 council members at the AGM (1 reserve member) knowing that 1 or 2 would drop off (which did happen [1], even before the minutes were circulated).'“
The AGM minutes state:
The council of owners has asked a councillor to resign — what is the process to remove them if they refuse?
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Our new council of owners (CoO) issued a notice requesting a councillor resign within 14 days as they say this councillor only wants to advise, not help on the council. If the councillor hasn’t resigned, the CoO will call an EGM and have them removed.
Can the CoO do this without notifying all owners of the strata complex? We have 55 units in total.
Will owners get to vote on removing the councillor at the EGM? Will the existing council resign and be re-elected? We are not sure where everyone stands on this situation.
One of our three council members has resigned mid-term — do we need to replace them before the next AGM?
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For our complex of 10 units, we have a council of owners with three members. I am a lot owner and a council member. One other council member has advised he will no longer serve on the council, effective immediately.
As the two remaining council members form a quorum, can we carry on without filling the vacancy until the next AGM, or must we call an EGM to re-elect a third council member?
Can an owner request access to AGM ballot papers from a council of owners election?
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At our AGM, we received eight nominations for seven council of owner positions, so voting was put to a ballot. The unelected owner demanded to view the ballot papers. Is this permissible? Should ballots remain private and confidential, and should anyone other than the presiding persons have access to them?
Who is responsible for paying the strata insurance excess?
I had an accidental fire in my unit. In all previous insurance claims from lot owners, the property excess was always paid by the Strata. We have no recovery cost by- law. Who is responsible for strata insurance excess in WA?
My timber floors were damaged by water from common property — was the insurance excess my responsibility?
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I had to have timber floors repaired in my unit due to water damage caused by water seepage under the door from the common property walkway.
Strata claimed insurance for the repair work, however, I was asked to pay the excess.
I was wondering whether the excess was my responsibility given the damage was a strata insurance claim?
A resident caused damage resulting in an insurance claim — can the strata company charge them for the excess?
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I live in a multi-story apartment building in Perth WA.
We have had several claims recently where a resident or resident's guests have caused damage, normally within their unit, resulting in an insurance claim.
Is there any way the Strata Company can charge the excess to the resident involved?
Does this require an amendment to our Management Statement?