I have not been in town and have only now had a chance to look at the website again. 

Well done to Anita and co. for managing to get the Human Rights Commission on board.  Mediation is necessary.

I have read the Executive Committee’s response to Anita’s letter and it is a load of bs.  Council’s report was rejected when they resolved that the Association first get a proper public participation process on the go. I do agree with them about is that “It is time for all to move forward in the best interests of the community that we all live in.”  But, in order to move forward, we first have to correct the mistakes, and, from what I understand, there were many.

It is important to note that around 400 members were not informed of the meeting at which the changes to the constitution were voted in.  I am one of those members.  That is a significant number of people.  It does not matter if it was the most well attended meeting in the history of the Marina, what matters is that 400 member were not notified of the meeting.  This makes the meeting unlawful, regardless of who else attended and the decisions taken thereat cannot be binding.  If the Association want to keep the changes voted in at the meeting, they will have to call another meeting, table the issue again, and get a new mandate to change the constitution.  Of course, this time inviting every single homeowner.

If what Anita says is correct and this constitution has never been approved or adopted by the members at an AGM.  This needs to be rectified.   It cannot just be ignored, as it will raise all kinds of questions in the future.  So the Executive Committee will have to see that this happens.  Call a meeting and have it adopted.  Get the mandate you say you have and walla, no more problems.

It is extremely short-sighted of the Executive Committee not to see that you cannot build a secure future based on such major oversights.  It will just lead to endless problems in the future, so if you want to move forward, do it pro-actively and correct the mistakes.  Then you can securely move forward, knowing where you stand.