- The committee resolves to acknowledges that:
B.
C.
D.
E.
F.
G.
H. On the 3rd December 2020
Ora Whaanga
John Wurth
Lynne Smith
Margaret Day
Garry Fox
Joshua Punch
Barbara Spooner
Jason Boatswain
Voted 7 yes, to the minutes and motions
The motions at the meeting
I. Pango Holdings attended the committee meeting on the 19th August 2020.
J. The committee sent an agenda of the meeting to Pango Holdings Pty Ltd.
K. There was not correspondence sent to Pango Holdings between the 10th August 2020 and the general meeting 14th October 2020 and the meeting of 3rd December 2020, not motions were recorded in the meeting of the 3rd December 2020 that a Vote outside of committee meeting had been made as such.
L. At that meeting Les Blackstock presented a letter of representation as a nominee of Pango Holdings Pty Ltd.
M. Les Blackstock was nominated as a nominee of Pango Holdings Pty Ltd and welcome by resolution of the committee on the 14th February 2018.
N. The minutes of the committee meeting on the 18th April 2018 identified the build manager as Les Blackstock attending the committee meeting.
O. Violet Blackstock, the director of Pango Holdings Pty Ltd attend the meeting at XXX (photographic evidence available) and was refused entry.
P. The code of conduct for committee voting members states
“1 Commitment to acquiring understanding of Act, including this code
A committee voting member must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the committee.
2 Honesty, fairness and confidentiality
(1) A committee voting member must act honestly and fairly in performing the member’s duties as a committee voting member.
(2). A committee voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.
3 Acting in body corporate’s best interests
A committee voting member must act in the best interests of the body corporate in performing the member’s duties as a committee voting member, unless it is unlawful to do so.
4 Complying with Act and this code
A committee voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member’s duties as a committee voting member.
A committee voting member must not—
(a) cause a nuisance on scheme land; or
(b) otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property.”
Q. Les Blackstock was a non-voting member of the committee of Somerset Gardens and had a lawful use or enjoyment of a lot to attend a meeting in a lot where the meeting of the committee was duly called and an agenda dispatched.
Consequently, on resolution of the acknowledgment, the committee will take the following actions:
- The committee prepares an item for the agenda of the next general meeting under section 83(1) of the Body Corporate & Community Management (Accommodation Module) Regulations 2020, to satisfy section under 83(2)(a)(i) of the Body Corporate & Community Management (Accommodation Module) Regulations 2020 that:
- The body corporate by ordinary resolution issue a written notice to Ora Whaanga[1] that meets all requirements of section 37 (2) of the BCCM (accommodation module) regulations 2020 in her failing to comply with Schedule 1A of the BCCM Act 1997 (specifically point 1,2(a) ,3, 4, 5(a) and 5(b) in not taking reasonable steps to ensure as a member they complies with the Act in performing the duties as a committee member), relating to actions:
- At the Body Corporate Committee meeting held on the3rd December 2020, there is evidence in item the first item of business that she made a decision exclude the nominee of the caretaker from the committee meeting that was unreasonable and demonstrated that they had :
- not made a commitment to acquiring an understanding of this Act,
- not act honestly and fairly in performing the member’s duties as a committee voting member, by excluding a committee member from a committee meeting and from following committee meetings when they had been welcomed by the committee on the 14th February 2018 and attend as the nominee of the caretaker at a committee meeting on the 18th April 2018
- not act in the best interests of the body corporate, by reducing governance in the actions of the committee, by excluding a committee member from a committee meeting and at the 3r December meeting reducing the spending limit of the caretaker that was an unreasonable action, that was restored by the committee on the 11th March 2019
- not take reasonable steps to ensure the Ora Ora Whaanga complied with this Act, by physically preventing Les Blackstock from entering the meeting and cause a nuisance on scheme land, that was the subject of a police report.
[1] John Wurth, Lynne Smith, Margaret Day, Garry Fox, Joshua Punch, Barbara Spooner, Jason Boatswain