This was different to attempts to change in 2018 where legal advice was sought,
Changes to the By-Laws and registration of a new CMs was listed as item 12 on the Agenda of the 2020 AGM by the committee of 5 votes to 0 at the committee meeting on the 19th August 2020
The committee at the meeting on the 19th August 2020 was Lynne Smith , Garry Fox, Ora Whaanga (holding proxy for Sara Brown). John Wurth appoint at the meeting to fill the Chairperson to fill casual vacancy from resignation of Leigh Moana
It is fair to say that John Wurth had no significant role as he was only appointed at the committee meeting that made the decision, but holds some responsibility as he did not abstain from voting, and the motion was passed 5 in agreement.
When previously considering change to by-laws, at the committee meeting on the 15th August 2018, legal advice was sought
At the committee meeting of the 15th November 2018 that committee resolved
The committee elected 2019 AGM was:Jacqui Kerr (chair), Leigh Moana (secretary), Lynne Smith (Treasurer) , Shane Brett and Garry Fox
At the committee met 20th January 2020 and no motion with regard By-Laws
At the next committee meeting on the 11th March 2019 the minutes reflect
At the committee on the 6th May 2020, Jacqui Kerr resigned, Leigh Moana resigned as secretary appointed chair, Sara Brown appointed to replace Jacqui Kerr and Shane Brett resigned, and Ora Whaanag appointed to replace Shane Brett
At the meeting on 6th May 2020 an item in General Business was
At the meeting on 6th May 2020 there were no motion to engage solicitors in the drafting or assessment of the by-laws.
At the committee met on the 19th August 2020 there was an item on the by-laws but no correspondence with solicitors:
17.7.2020 CRIC By-Law Review
The correspondence listed no correspondence to solicitors
At the meeting on 6th May 2020 an item in General Business was
Noting: what should have been recodrd in teh minutes under Parkwood Villas [2010] QBCCMCmr 521 that
“documents would be tabled if they are the subject of discussion at the meeting”
Valley Terraces Echohamlets [2012] QBCCMCmr 314 521that:.
“The requirement is simply that if an item of correspondence is tabled then it should be listed in the minutes.”
No “amended by-laws” were tabled or attached to the minutes. No motion was passed to appointment of Legal opinion of By-Laws to be proposed to the General meeting
No subsequent correspondence was every presented to the committee of any legal correspondence to the committee in any subsequent meetings.
Changes to the By-Laws and registration of a new CMs was listed as item 12 on the Agenda of the 2020 AGM by the committee of 5 votes to 0 at the committee meeting on the 91th August 2020.
To compare the behaviour of the individuals on the committee from May to Agust 2020 it is worth looking at the reasonable behaviour of the committee on the 18th April 2018 (common members to the committee on the 19th August 2020, were Lynne Smith – and Ora Whaanga) voted to
The same committee at the committee on the 15th August 2018 voted to consider the legal advice and share with owners.