Can owners speak at strata committee meetings and are there any exceptions?

By admin,

The Act says that owners are not allowed to speak at strata committee meetings unless permitted by a resolution of the strata committee.

Are there exceptions for asking questions/clarifications about the treasure's report or expenditure by the strata committee etc?

Also, is there a definition of what constitutes a resolution in this regard? For instance, does it have to be a written resolution passed before the meeting? How long before the meeting? And can the resolution limit the topics and depth of the enquiry?

Is an EGM valid without prior notice to submit motions in a small strata scheme?

By admin,

In early January 2024, owners received an email from the strata manager attaching the agenda for an EGM a few weeks later.

The agenda contained four motions submitted by one owner regarding painting. The project would deplete our capital works fund and require a special levy.

If no notice of intention had been sent out prior, doesn’t this preclude other owners from submitting motions? Is this a legitimate way to call an EGM?

The three other owners and the strata manager believe the EGM was validly called and would proceed.

What should a strata manager do if a motion breaches the act?

By admin,

What should the strata managing agent do if the committee approves a motion for the manager to implement but the motion is in breach of the Community Land Management Act 2021 (the Act)?

In this case, a Community Association paid for the maintenance of a property owned by one of its subsidiary schemes, e.g. an owners corporation. Under Clause 71, shouldn’t the payment be made by the owners corporation that owns the property?

Does sending an AGM notice early prevent owners from submitting motions?

By admin,

Generally, AGM notices are sent out 15 days or a bit earlier before the AGM. Can a strata manager send out a notice for an AGM 26 days before the AGM to preclude owners from submitting motions for the AGM in time?

Can the strata manager rely on the strata committee meeting minutes to act as sufficient notice to owners to submit motions for the AGM?

Are motions submitted on the same date as the notice of AGM validly submitted in the above instance?

Do small owners corporations need to hold AGMs in a 4-unit strata scheme?

By admin,

We've bought a unit in a 4 unit strata complex in Northern Melbourne. The only common property is the driveway and the only expense is the strata insurance policy covering all 4 units.

Are we legislated to hold AGMs or carry out any other activities in terms of the owners corporation?

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