This question about strata committee members in a Queensland strata scheme has been answered by Frank Higginson, Hynes Legal.
Question: Can I request the current chairperson be banned from holding any position on the committee now and in the foreseeable future because of a disgusting abuse of power?
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I am an Ordinary Member of a committee in a medium sized complex of mainly duplexes in Queensland.
When putting in Submissions of Motions to be voted on at the upcoming AGM, I want to put in that the current chairperson be banned from holding any position on the committee now and in the foreseeable future because of a disgusting abuse of power, for sabotaging a quote because it was positioned below one from her connected company. Can I do that?
Also I have written to 2 head honchos of the strata management company asking how I can get a competent body corporate manager for my complex because the current one has such a deficiency of what I would think common problems and issued incorrect rulings, illegal in some cases. So far no response after 24 hours.
I am beginning to think they are looking after their staff, not the complex who pays them. What actions can I take if they ignore my concerns? How can I change strata managers if I have to and what is the minimum amount of time the current strata managers can be voted for?
I also want to vote to have an administrator employed if nobody will take on the Chairperson position. Would that just be automatic if nobody applies for that position? Do you have any idea how much that would cost for a 39 unit complex, and if an administrator is employed, would a committee still be needed?
- I am a current ordinary member of the committee, so at the next AGM if nobody applies for the job of Chairperson/Treasurer/Secretary, is an administrator automatically put in, and would the ordinary committee members still be needed and have any input?
- Can the committee vote to have an alternative body corporate manager put in place for our complex, and if so what is the correct wording for submission of motion? (We are happy with the strata management company so far)
I am elderly and was the Chairperson before the current one created so much bullying and turmoil. I resigned. I find the current situation is causing me a lot of stress and I actually get shamed in these dealings, but want the best for all of the owners.
Answer: Lots of issues! The first one is banning strata committee members. You cannot.
Lots of issues!
The first one is banning committee members. You cannot. There is talk that it should be allowed in an options paper, but it cannot be done yet.
The second one is your body corporate manager. Body corporate managers are creatures of instruction. If the committee tells them to ignore you that is what they must do. And you never know what they have told the committee about whether what they are doing is right. Their advice (like ours) can be ignored by clients.
The body corporate manager is engaged under a contract. The committee only has control over who the body corporate manager is if that contract has come to an end. If it is current then it can only come to end through agreement or though a general meeting resolution because of default.
And administrator cannot be put in. If there aren’t enough nominations there must be another EGM called where nominations can be taken from the floor and co owners can nominate to be on the committee. An administrator will usually cost more than a strata manager alone.
What you need to do is nominate to get on the committee and start being involved in managing the process. If you don’t want to do that, all you can do is throw stones from the sideline, most of which will have little or no effect.
This post appears in Strata News #144