Behaviour of Committee Members

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It should be noted that behaviour of the committee was the source of a dispute in late 2018 and let to a commissioners application.

In 2019 the committee denied an owner to inspect the body corporate records

The most recent events stem from the committee meeting on the 3^rd December 2021 and efforts of the chair to hold accountable people on the committee for their behaviour.

The chair reasonable wanted to record the committee meeting of the 3^rd December 2021. This was because  the caretaker and lot owners had raised concerns. Some of those concerns in  previous disputes, that the minutes of meeting were not true and accurate. The concern were exacerbated by the fact that at subsequent committee meeting a block of voters would influence the committee to accept inaccurate minutes that favoured position taken by the committee.  

This behaviour had been made worse because during 2021 the caretaker had been excluded from all but one meeting where a representative was allowed to attend.

Question were asked of the treasurer at the 3^rd December 2021 committee meeting:

Later in the 8^th December 2021 committee meeting, the following behaviour occurred 

It should be noted that Lynne Smith, the treasured who from the minutes initiated the verbal attack,  has a history of actions towards people against the by-laws, this was noted in a meeting 16^th May 2019, that the committee did not act on as requried under the Act to issue a contravention  notice.

Also, Lynne Smith has acted in a way that was unreasonable and not in the best interest of the committee when she resigned as a “block” in January 2019, then reapply for the position she resigned from in February 2019.

After their action of the treasures and the secretary in the meeting of the 8^th December 2021, at meeting of the 24^th January 2022, the Treasures and the secretary made statements, and had them recorded in the minutes (as they were the only people who as secretary and the nominee to the body corporate manager had that authority) that were defamatory, as indicated below:

In May 2022

The committee was in dispute as two minutes created and the vote was only off by (suggesting two fractions)

Moving forward in time, at the 24^th August 2022, the treasurer indicated and had recorded in the minutes:

The secretary put the following motion to the committee from a person who had 
“allegedly had already sent a members motion for the next AGM” and was aligned with the secretary and the treasure to remove the chairperson at the next election.

The reasonable response would have been, if the behaviour of the chair, if identified as being details sufficient to identify a code of conduct that had been breach, in following the code of conduct, other committee members would have had an obligation to place a section 37 notice on the agenda of the next general meeting. Not to pass a motion on an unsupported letter from a lot owner, who had motivation for placing the motion.

Ora Whaanga behaviour over time should be noted for her behaviour between the 31^st July 2022 and the general meeting on the 26^th of October 2022.

Ora Whaanga is the owner of lot 21

At the committee meeting on the 16^th May 2019

At the committee meeting on the 15^th August 2019

At the committee meeting on the 20^th January 2020

At the committee meeting on the 6^th May 2020, Ora Whaanga was appointed to the committee to fill casual vacancy. 

Ora Whaanga voted on the motion despite conflict of interest.

At the committee meeting on the 19^th August (Ora Whaanga had proxy from Sarah Brown secretary), Sarah Brown the secretary, did not put onto the agenda motions from last meeting related to lot 21. Sarah brown resigned after the meeting and Ora Whaanga appointed secretary

At the committee meeting on the meeting of the  10^th February 2021

An item on lot 21 blocked drain was  discussed and the outcome was  to have gutter guard on her property. There being no recommendation from caretaker and no consideration of such improvement being offered to the other owners of the motions put to the general meeting as required under section 176 of the BCCM (accommodation module) regulations 2020.

Ora Whaanga voted on the motion despite conflict of interest.

It should be noted that at the committee meeting of the 15^th November 2018 it was resolved:

At the committee meeting on the 24^th January 2022 meeting Ora Whaanga discussed the motion

At the committee meeting on the 11^th May 2022 meeting Ora Whaanga discussed the motion

At the committee meeting on the 24^th August 2022 meeting Ora Whaanga discussed the motion

At the committee meeting on the 28^th November 2022 meeting Ora Whaanga discussed the motion

No correspondence was presented to meeting separately  to support the assertion and the caretaker has raised a dispute with regard this assertion.

At the committee meeting on the 20^th Feb 2023 meeting Ora Whaanga discussed the motion

The result is that Ora Whaanga put up unaothorised altarions to common property that she uses as an exclusive use area, when it is not. When this was raised and conteaventin ntice were issued, she ignored them and “conciliation” was undertaken he people who  Ora Whaanga had affiliations with and the committee did not act in accordance with the Act. Then Ora Whaanga joined the committee and discussion on her contravention stopped. 

When the issues of unauthorised construction was raised in the committee, Ora Whaanga nominated to investigate and no action was taken. Ora Whaanga made claims that the caretaker is disputing to end any investigation and action on unauthorised construction in the scheme, that Ora Whaanga has been identified as having on her lot.

Returning to the behaviour of between of Ora Whaanga between the 31^st July 2022 and the general meeting on the 26^th of October 2022.

Any lot owner that was to submit motions for consideration at a general meeting had to do before the 31^st of July to the secretary, Ora Whaanga.

No such correspondence was in the committee meeting of the 24^th August 2022. 

However, the lack of correspondence could have be due to the failure of the committee and the caretaker to record the minutes in according to section 63 of the Regulations.

The correspondence from a lot owner to the secretary had to be sent to the though the body corporate manager. 

From the committee meeting on 15^th November 2018 it was resolved:

Ora Whaanga was present at the meeting on the 15^th August 2022 and was not asked to leave the meeting when the following was discussed where in response to an owners motion a legal opinion was obtained.

Ora Whaanga was sent a motion as a vote outside of committee on the 19^th February 2019,  it was voted for the motion to 

Ora Whaanga was on the committee that met on the 15^th August 2018 where the body the committee vote on a motion recorded and Ora Whaanga voted by proxy for the motions that complied  with section 74(2)(a)(iii) in the BCCM (accommodation module) Regulations 2008 that required “the substance of the motions submitted by body corporate members”,:

At the general meeting on the 25^th February 2019, Ora Whaanga was the chairperson who ruled a motion 6 out of order for and the reason give was

However, with this knowledge,  and as the secretary at the meeting on the 24^th August 2022, Ora Whaanga did not do any of the following reasonable ations:

1. Discuss the owner’s motions that were sent to her as the secretary of the committee meeting, particularly as motions 11.1, 12.1, 13.1, 14, were from her as a lot owner.
2. Put a motion on the agenda of the committee meeting to seek legal advice on the owner’s motion that she had received,
3. Place on the agenda of the committee meeting  an  agenda item to have the agenda of the general meeting to reflect the motions of the owners to comply with section 83(2)(a)(iii) in the BCCM (accommodation module) Regulations 2020.  that requires “the substance of the motions submitted by body corporate members”, similar to the motions made at the committee on the 15^th August 2018.
4. Allow the treasure, Lynne Smith, who was the nominee of the committee to the body corporate manager, to instruct the body corporate manager publish the agenda, voting papers and explanatory notices (much of which had errors against the regulations), especially sine many of the motions were from the Lynne Smith
5. At the general meeting on the 26^th October she vote to overturn the ruling of the chairman that ruled the motions out of order.

Addition behaviour of the  Ora Whaanga and Lynne Smith that is concerning.

There action from  the committee meeting of the 24^th August 2022 to the publishing the agenda for the 26^thOctober 2022 AGM in relation to the roof cleaning.

This has been covered in much detail in another report so a summary will be given without attached motions that are in the  minutes and other communication 

The minutes of the 24^th August 2022 committee meeting reflect that 2 quotes, for $55,290 and $39,879.50, were discussed in motion 2.6 related to the roof cleaning. The minutes reflect that the quote were tabled and were then part of the body corporate records 

It has been alleged that 3 quotes were discussed at the meeting, this can not be substantiated independently, and the minutes were subsequently resolved as true and accurate.

 The caretaker recommended at the 24^th August 2022 committee meeting the quote of T&S Maintenance ($39,879.20) as that company planned to use a methodology that would result in less possible roof damage, rather than the quote from Pressure Wash Co ($55,290). 

The motion was resolved to make provision in the sinking fund and put a motion to the next AGM as a same issue motion.

Individuals, Ora Whaanga, Lynne Smith and Daniele Jones, not the committee,  took authority to approve the wording of the agenda, voting papers and explanatory material that was to be published. Lynne Smith contacted a contractor AAA Goodfellas trading as First Class Cleaners Queensland and made representation to Ora Whaanga and Danilee Jones, to support the quote of AAA Goodfellas trading as First Class Cleaners Queensland.

When the motion was published as motion 9 in the voting papers and the explanatory notes, of the AGM, the body corporate was asked to decide between, quotes of Pressure Wash Co ($55,290) and AAA Goodfellas trading as First Class Cleaners Queensland ($32,010). The quote of  the contractor recommended by the caretaker was not put to the body corporate.

Additionally in the explanatory notes made it was alleged that “the committee” made the statements:

Subsequently, AAA Goodfellas trading as First Class Cleaners Queensland cleaned the roofs with a pressure wash, at a lower pressure, and there has been resultant damage to the roof that a later audit asserts that “70% of tiles have been damaged in the last 12-18 months, a large proportion of these tiles would have been damaged due to the roof cleaning “. The resultant cost of roof repair is approximately $95,000 so the result of the selection of the contractors resulted in approximately $71,250 in damages.

When the above action subject to a complaint and request for an owners motion, from the owner of lot 77, to be decided at the 20^th February 2023 committee meeting,  Ora Whaanga would not allow a vote on the motion and a response was to be  sent to the owner.

Sara Ferguson resigned after the meeting making scathing remarks to the behaviour of other committee members in her resignation.

That “response” sent to the owner of lot 77, was not formulated by a resolution of the committee. It was sent as an unauthorised communication by the body corporate manager as an unprofessional and unidentified note. That note attempted to shift blame asserting that

• The decision to publish the quotes was  made by Ora Whaanga, Lynne Smith and Daniele Jones as well as Kohn Wirth and Sandra Ferguson. The later two deny the accusations.
• The people making the decision were not able to (or did not try) to get the quote for T&S Maintenance ($39,879.20) from the body corporate manager or the body corporate records (which any committee member can inspect for no fee) 
• The people making the decision received the quote from T&S Maintenance ($39,879.20) on the 16^th September 2022 and that was insufficient time to adjust the agenda, voting papers of the explanatory notes that was not sent to the body corporate till the 5^th October 2022.

No responsibility or remorse for the actions was shown by Ora Whaanga, Lynne Smith and Daniele Jones.