Can a resident manager lobby owners for votes in a strata scheme?

By admin,

Can the Resident Manager vote farm to achieve the composition of committee members that best suits them?

I am not referring to proxy voting. The Resident Manager may be emailing investors to farm votes For or Against motions that favour the Resident Manager. e.g. Management Contract extension and a Motion that would significantly reduce payments for services that are not in the Management Agreement.

Does using the wrong returning officer envelope invalidate an AGM ballot?

By admin,

Our strata management company sent a secret ballot for committee nominations with a wrong building's returning officer envelopes.

We are not sure how many owners returned the ballots in the wrong building's envelopes without even noticing that the return envelope was not for our building.

Is the whole AGM invalid?

Are AGM votes invalid if owners hand them to another lot owner instead of posting them?

By admin,

Voting forms for our AGM were sent out by our Strata Manager.

We were Instructed to send votes to a post box.

Considering the unreliable delivery of the mail service, some residents who could not attend the AGM asked a committee member to take their votes in sealed envelopes to the meeting.

The scrutineer rejected these votes as invalid. Is this correct?

Is it legal for a letting agent to tell owners how to vote?

By admin,

Our caretaker/letting agent is asking all owners under their letting agency to not read the body corporate committee’s monthly newsletter nor to vote with the committee.

While I appreciate that the caretaker is free to communicate with owners, the content of most of the communication is to direct owners on how to vote. This makes me wonder if their behaviour is professional. How can we deal with this situation?

How many votes are needed to overturn an out of order motion at an AGM?

By admin,

What is the voting on a procedural motion? I am requesting a motion at the AGM out of order based on conflict with the Act.

When the chairperson says to voters, “Do you want this decision overturned”, what is the number of votes needed to successfully overturn the decision? There are four lots in the scheme.

Must explanatory notes be sent with EGM notices?

By admin,

Our committee have called an EGM. They sent out the paperwork, i.e. agenda, and voting paper but have not included the explanatory note. They advised that the explanatory note in relation to the circumstances surrounding the requirement for the EGM would be forwarded to all owners in the coming day or two.

The notice for EGM was emailed on 21 August 2023 but by the end of August 2023, we had not received the explanatory note.

Is the explanatory note meant to be emailed with the notice of the EGM? Can the committee delay sending the explanatory note out to owners?