What rights do a self managed committee have to call and hold an AGM or other meeting if a disruptive owner refuses to engage or respond?
We live in a self-managed strata complex and have ongoing disputes with an owner who was not elected to the strata committee. This owner has made repeated claims about us as lot owners and about the committee chair, and has taken us to mediation over issues that the majority of residents support.
Most recently, this owner lodged an insurance claim on the complex’s policy without notifying the committee, and based the claim on information we believe to be fabricated. We have tried to set a date for our next AGM to discuss these issues formally, but this owner now ignores all emails and will not respond.
What rights do we have to call and hold an AGM or other meeting, even if this owner refuses to engage or respond?
The committee, and in particular the strata committee secretary, is entitled to convene the AGM on a date suitable to the committee.
The committee, and in particular the strata committee secretary, is entitled to convene the AGM on a date suitable to the committee. Provided the notice includes all motions and information required under the Act, is issued to each owner at their address recorded on the strata roll, and meets the prescribed notice period, the meeting may validly proceed.
Should an owner choose not to attend, that is a personal decision and does not affect the validity of any resolutions properly passed at the meeting.
A resolution passed at a duly convened meeting is binding. An individual owner disagreeing with the outcome does not invalidate the decision.
With respect to insurance matters, any owner is entitled to lodge a claim under the owners corporation’s policy, as all owners are insured parties. If the circumstances of a claim appear questionable, it is the responsibility of the insurer to investigate. The committee or any owner may request that the insurer review a claim if they hold genuine concerns about its validity.
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A Management professional with twenty-eight years' experience in the strata management industry, I have worked on all types of Strata plans from 2 lot duplexes to large strata, Community Schemes and Building Management Committees. I have a proven track record of developing new business and motivating a team of Managers and consistently exceeding client’s expectations. Long Standing member of SCA as Fellow Strata manager and holds a Diploma in Real Estate Strata Management and Diploma in Leadership and Management.
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