If you live in a strata scheme, you know all too well how hard it can be to find the right answers to strata-related issues. There are so many rules and regulations to wade through, and legislation is often updated and amended. This can make it difficult to understand which rules apply and how they apply to your specific situation.
Tim Sara, our Associate Director of Client Management, is no stranger to these types of enquiries. With over a decade of experience delivering excellent strata management services and a reputation across the industry as a thought leader and an expert in all things strata, he’s able to provide clarity for those struggling with tough questions. Here’s what he had to say in response to a question regarding holding electronic committee meetings and electronic voting in a recent Q&A with LookUpStrata.
Q: How do I get the owners corporation to conduct meetings online so all owners have another option to participate in the decision-making affecting their property?
I live in QLD and own a unit in a NSW strata scheme. The committee insists on holding in-person meetings. Therefore, I cannot attend without costly travel.
I’ve requested remote access to the meetings via Zoom, etc., but the strata manager states that the committee isn’t interested in online meetings. There have been important issues that I have not been able to participate in or hear other owners’ opinions about because I cannot attend meetings.
How do I get the owners corporation to conduct meetings online so all owners have another option to participate in the decision-making affecting their property?
A: Propose a motion for the owners corporation to seek legal advice and draft a by-law that permanently requires the option of video conference attendance at meetings.
Under Section 43(f) of the Strata Schemes Management Act 2015 (NSW) (‘the Act’), the secretary of a strata committee has the authority to convene meetings of both the strata committee and the owners corporation. While the Act does not explicitly outline the specifics, it is implied that this authority includes setting the time, date, location, venue, and methods of voting.
It’s widely recognised that increasing participation in strata meetings is beneficial for fostering a strong community within the strata scheme. However, as with many aspects of society, some individuals may resist or fear change.
To address your concern, you can submit a motion to the secretary, which must be included in the agenda of the next meeting (as per Schedule 2, Clause 4 of the Act), requesting that the owners corporation agree to allow attendance at future meetings via video conference.
Additionally, you could propose a motion for the owners corporation to seek legal advice and draft a by-law that permanently requires the option of video conference attendance at meetings. This approach would create a lasting change that is more difficult to reverse.
There is a possibility that the chairperson of the meeting could rule the motion out of order. The chairperson has the authority to do so if the motion conflicts with the Act, the by-laws, or another law or is deemed unenforceable. The chairperson might argue that the motion interferes with the secretary’s power under the Act to decide the time, date, location, and voting methods.
However, this outcome is not guaranteed. You may find that the owners corporation is open to embracing this modern approach to meeting participation. If the motion passes, the strata committee and its secretary would be expected to adhere to the decision made by the owners.
Our Strata Management Team prides themselves on their attention to detail and knowledge of strata legislation, which allows them to achieve the best possible outcomes for their clients. They are committed to remaining at the forefront of the industry, building their expertise, and finding new ways to add value to the communities they manage.
If you want your strata scheme managed by an effective and responsive team that specialises in creating thriving communities, contact us today for your FREE quote.