This article discusses the AGM minutes not accepted process and what happens if owners refuse to confirm them.
Question: If we do not accept the minutes of the previous AGM, what should happen?
At last year’s AGM, the Financial Statements were not provided and the motion was defeated. I expect as a result of that decision, the minutes for that AGM will not be accepted at this year’s AGM.
If we do not accept the minutes of the previous AGM what should happen?
Answer: If the minutes noted that the financials were not accepted and the rest of the resolutions were as passed at that previous meeting, then the minutes would normally be confirmed.
There is a requirement of the Unit Titles (Management) Act 2020 that the minutes of all General Meetings be confirmed by way of ordinary resolution at the Owners Corporation next General Meeting. This is also standard meeting practice.
The resolution records that the previous General Meeting minutes are confirmed as a true record of the proceedings of that meeting.
The confirmation of the previous general meeting minutes can only be done by a person who was in attendance at that previous meeting.
If no owners attending the next meeting were at the previous meeting then the only option is to accept the minutes and not confirm.
If the minutes noted that the financials were not accepted and the rest of the resolutions were as passed at that previous meeting, then the minutes would normally be confirmed.
So, in essence, the owners are confirming that the minutes are a true record of what took place. Sometimes amendments are made noting any inconsistency with the minutes which have been recorded incorrectly.
Not receiving financials is another issue.
This post appears in Strata News #495.
Jan Browne Bridge Strata E: jan@bridgestrata.com.au P: 02 6109 7700