173. Beware the motion to discuss “general business”

This week, Reena raises an interesting provision in our NSW legislation which apparently means a chairperson need not be financial in order to chair a meeting, but a substitute chairperson must be financial. I provide some important guidance around motions to consider ‘general business’ and we celebrate an unusually amicable parting of ways between a building and its building manager. 
 

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Richard d'Apice
August 8, 2019 2:57 am

Section 32(2) An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.

The current Chairman has been unfinancial for 18 months and was unfinancial at the last AGM. All other members present at the last AGM were also unfinancial.

Therefore, in my opinion, the last AGM did not take place in the absence of any financial members and the purported AGM could not and did not elect members to the Executive Committee so there is no Chairman.

Richard d’Apice

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