Question: We have ongoing issues of bullying and negligence. How can we ensure fair and democratic elections for committee members?
Our AGM is in less than 48 hours, and we have not been told where it will be held.
As usual, there are no nominations for committee members but we always end up with the same six self-appointing members. Other owners never have a say or even know the outcome until incorrect minutes come out.
Occasionally, a well intending owner nominates and tries to make changes for the better by acting lawfully. They never last into the second year due to the bullying and obstructions by other members, with the support of the strata manager.
We seem to be heading towards another year of negligence, bullying and high levies.
Answer: You must drill down to specifics to get your desired answers.
It sounds as though there are myriad issues at play. The location of the AGM is an essential component.
On the topic of nomination for committee, if no one nominates before the AGM then nominations are called from the floor of the meeting on the day. This means that anyone who attends could feasibly end up on the committee. People absolutely can ‘nominate themselves’.
Ultimately, the committee bear responsibility for governance, and it is important to note that the committee are only protected from liability for so long as they act in good faith. Perhaps this could be mentioned to the committee at some point to remind them there may well be a financial consequence to their actions (or lack thereof).
Otherwise, if the committee cannot or does not do its job, and the scheme is dysfunctional, an administrator may need to be sought. It is hard to tell if your scheme warrants that at this stage. It would be necessary to pick things apart, identify the issues, and start developing the solutions. While I appreciate that may not be the response you are after, I think you need to drill down to specifics to get the answers you want.
This is general information only and not legal advice.
This post appears in the December 2024 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898