Sectional title.Blocking someone from becoming a trustee

[yellowyeti]

Hi all
So there is a Trustee at our building who many want to prevent from once again been involved.Is there anyway to prevent this person becoming a trustee again at the upcoming AGM?.We will else have to go through the whole process of called a special general meeting and voting this person out.Thanks

 

[3WA]

Work out maximum number of trustees.

Get enough lackeys to stand and fill all positions.

Then lackeys resign a day after the meeting.

 

[saturnz]

trustees are nominated and then the nomination is sort of confirmed at the AGM if there are no objections, its at this point you can raise formal objections

but as 3WA alluded to, you need to nominate someone else to fill the position

and you can nominate yourself

 

[yellowyeti]

Work out maximum number of trustees.

Get enough lackeys to stand and fill all positions.

Then lackeys resign a day after the meeting.

Tried that but people are afraid to become a trustee even for the shortest time.Not sure we have a maximum trustee setting is there a actual formula for this or is it set by the individual schemes.

 

[saor]

Has it been communicated to them that nobody wants them to be a trustee?

 

[yellowyeti]

trustees are nominated and then the nomination is sort of confirmed at the AGM if there are no objections, its at this point you can raise formal objections

but as 3WA alluded to, you need to nominate someone else to fill the position

and you can nominate yourself

Thinking of preparing a signed petition and presenting it at the AGM or even sending it to the Building Manager beforehand when the proxies and trustee nominations are sent in.Would this be a valid approach?

 

[Bismuth]

We had the same issue, merely made sure we had enough nominations to force a vote if required. Said trustee didn't even attend AGM, wasn't even nominated again, and got replaced.

Provided they don't get nominated and canvass enough votes, you should easily be able to replace them.

 

[Bismuth]

Thinking of preparing a signed petition and presenting it at the AGM or even sending it to the Building Manager beforehand when the proxies and trustee nominations are sent in.Would this be a valid approach?

I would also suggest chatting to your managing agent, they could also advise what to do here.

 

[yellowyeti]

Has it been communicated to them that nobody wants them to be a trustee?

No not in so many or any words.This person is also the chairperson for over a decade and a half and apart from me everyone else is overly polite(fear) they tell me what they think but not this person.I have found myself the target of abuse from this person as I am the only one visibly making any waves.There are also a number of owners who do not live at the building who are unaware of the issues.

 

[yellowyeti]

I would also suggest chatting to your managing agent, they could also advise what to do here.

Yea not a good option the managing agents are besties with this person have been for years there was a attempt to remove the managing agents some years ago but that failed dismally.I have witnessed numerous times where the sectional titles act was ignored by the building manager to accomodate this persons agenda.

 

[3WA]

Tried that but people are afraid to become a trustee even for the shortest time.Not sure we have a maximum trustee setting is there a actual formula for this or is it set by the individual schemes.

I can't remember the details but the chair of our place once explained it to me. I was the lackey. We had an aspirant trustee who spent all their time moaning about issues they didn't understand.

 

[Bismuth]

Yea not a good option the managing agents are besties with this person have been for years there was a attempt to remove the managing agents some years ago but that failed dismally.I have witnessed numerous times where the sectional titles act was ignored by the building manager to accomodate this persons agenda.

Ok, yes, that is a problem.

Sounds like you might need an SGM. I would suggest CSOS even, but they are beyond useless imo.

 

[yellowyeti]

We had the same issue, merely made sure we had enough nominations to force a vote if required. Said trustee didn't even attend AGM, wasn't even nominated again, and got replaced.

Provided they don't get nominated and canvass enough votes, you should easily be able to replace them.

Well its also the chairperson for 15 years and has the support of people who do not live at the building.Will definately be at the meeting as the chair and will have nominations from outside

 

[Bismuth]

I can't remember the details but the chair of our place once explained it to me. I was the lackey. We had an aspirant trustee who spent all their time moaning about issues they didn't understand.

This is why I was a reluctant trustee, or am now, as it was a move to get rid of another trustee.

We had a woman who also got voted off as trustee a few years ago, she moans now worse than ever.

 

[Bismuth]

Well its also the chairperson for 15 years and has the support of people who do not live at the building.Will definately be at the meeting as the chair and will have nominations from outside

As I understand it, only owner's can vote, under the new-ish regulations, tenants and spouses of owners can also become trustees. Heck, even if you're behind with your levies, you can become a trustee now.

 

[yellowyeti]

Ok, yes, that is a problem.

Sounds like you might need an SGM. I would suggest CSOS even, but they are beyond useless imo.

Yea I heard that about Csos still not sure why they exist with there been a housing tribunal that seems to deal with the same type issues only its free.Just another way for government to line its pockets far as I can tell.

 

[yellowyeti]

I can't remember the details but the chair of our place once explained it to me. I was the lackey. We had an aspirant trustee who spent all their time moaning about issues they didn't understand.

I am that Aspirant trustee only I am moaning about things I do understand and its the chair who is clueless.I have had to undo so many things and its a constant struggle to get things corrected..

 

[yellowyeti]

As I understand it, only owner's can vote, under the new-ish regulations, tenants and spouses of owners can also become trustees. Heck, even if you're behind with your levies, you can become a trustee now.

On the behind on levies matter if a court of law had adjudicated on your arrears then you cannot be a trustee but how often does someone get taken to court.

 

[yellowyeti]

This is why I was a reluctant trustee, or am now, as it was a move to get rid of another trustee.

We had a woman who also got voted off as trustee a few years ago, she moans now worse than ever.

Yes I am sure if we succeed in removing her this person will do everything to make life unpleasant.Once had the exact opposite a trustee resigned even sold there unit but still came back 5 months after this date to try gather evidence to use against the chair.

 

[Bismuth]

On the behind on levies matter if a court of law had adjudicated on your arrears then you cannot be a trustee but how often does someone get taken to court.

The expense is often not worth it, I agree. We only had once case that went to lawyers, but they sold eventually, and we haven't had any serious issues since.

Yes I am sure if we succeed in removing her this person will do everything to make life unpleasant.Once had the exact opposite a trustee resigned even sold there unit but still came back 5 months after this date to try gather evidence to use against the chair.

If you can get enough owners on your side at the AGM or SGM, however you do it, you can get them out. However, be prepared for the backlash like you say. If you can put together a decent Board of Trustees, that can easily be handled.