By the Paddocks Club team
Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!
Can some owners have an informal meeting to discuss another’s behaviour?
Good day Paddock Team,
We have a small body corporate of 5 owners who are wanting to call an informal courtyard meeting of the owners to discuss a sensitive matter regarding the treatment of animals in the complex by an owner. Would they need to send out a notice and should they have an Agenda for this meeting and would it require minutes to be drafted?
If they want to get together to have an informal chat, nothing prevents them from doing so.
However, if they want their interaction to qualify as a body corporate meeting, or have the body corporate take decisions, they must send out notice, have an agenda and do all the other things the law requires for a body corporate meeting.
Owners want to have a vote of no confidence in a trustee and the chairperson
Owners requested special general meeting to vote on motion of no confidence against a trustee. Now the trustee in question wants to put in a motion of no confidence against the chairman, can this be done on the same special general meeting without the 25% of owners consent.
The law does not provide for or allow “motions of no confidence” in a sectional title trustee or chairperson.
If owners want to remove a trustee (either the of the two you mention) they have the right to do so by ordinary resolution (a majority of the values of the votes cast) at a general meeting, provided the intention to vote on the proposed removal has been specified in the notice convening the meeting. See Prescribed Management Rule 6(4)(g).
If you think both issues need to be dealt with at the same meeting, it would be best to call a new meeting with the agenda clearly referring to resolutions to remove either or both of these trustees from office.
If you need more detailed advice, please take the notice you have already circulated to an attorney and get confirmation.
Article reference: Paddocks Press: Volume 14, Issue 12.
Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.
This article is published under the Creative Commons Attribution license.