Can the COO ignore a valid resolution because they do not agree with the outcome?
A valid resolution, detailed on the AGM notice of meeting, was passed unanimously by attending owners. The incoming council of owners (COO) decided not to act on the resolution.
Does the COO have the right to ignore the vote because they disagree with the outcome? Should resolutions that comply with the Act and by-laws passed at meetings of owners be regarded as COO instructions?
The COO do not have the authority to disregard a properly passed resolution simply because they disagree with it.
A valid resolution, listed on the AGM agenda and passed unanimously by those in attendance, carries weight. Once passed, it becomes a decision of the strata company — not just a suggestion. While the incoming COO is responsible for implementing resolutions, they do not have the authority to disregard a properly passed resolution simply because they disagree with it.
Unless the resolution is later overturned or amended by the owners at a general meeting, it should be treated as an instruction from the strata company to the COO. This is particularly the case when the resolution complies with the Strata Titles Act 1985 and the scheme’s by-laws.
If the COO is unsure about how to action the resolution or has legitimate concerns (e.g. legal risks, cost blowouts, or new information), the correct course would be to raise the matter at the next general meeting or seek further direction from the owners — not to ignore the resolution entirely.
Log in to your existing Lookupstrata Account to download the printable file.
Jordan Dinga has been a Strata Manager at Abode Strata since 2015. Jordan was previously working in a sales office where he obtained his Sales License and is finalising his Degree in Property. Being one of the first people in WA to get the new Certificate IV in Strata Community Management, Jordan holds the belief the only thing in life that is constant is change and therefore we need to be always learning. This goes hand in hand with the Abode Strata Teams continual strive to improve and progress our knowledge, communication, processes and overall management, for the benefit of all stakeholders in a property or community.
Lookupstrata Directory
Looking for WA Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment