This ACT article is about meeting minutes and general meeting.
Table of Contents:
- QUESTION: Our strata manager refuses to provide minutes from the AGM.
- QUESTION: If we do not accept the minutes of the previous AGM, what should happen?
Question: Our strata manager refuses to provide minutes from the AGM.
I am a newly elected executive committee (EC) member. Our AGM was around a month ago. Twice via email, I have requested the strata manager provide a copy of the minutes from our last AGM.
The written requests have been met with silence. Is it unreasonable to make this request? How do we progress?
Answer: Call the strata manager and verbally request the minutes.
Congratulations on your election to your owners corporation’s EC. It is always good to see new members join and be enthusiastic about the management of their complex.
Generally, minutes of previous meetings would be available on an owner’s portal if your strata manager offers this service, which most do. If they have an owner’s portal, I strongly recommend familiarising yourself with its operation. It can be an invaluable tool to manage the complex. The portal we offer allows EC members to download financials, including arrears, and all owners can obtain copies of previous minutes and insurance certificates of currency. Ours also allows owners to submit maintenance requests, and it provides their manager’s details.
Personally, I have had an issue where a new EC member’s emails landed in my junk mail. To ensure this isn’t occurring, You can then be assured someone from the strata manager’s office has received the request.
It certainly is not unreasonable to request minutes of a previous meeting, and is par for the course in strata management.
Steve Wiebe
Bridge Strata
E: [email protected]
P: 02 6109 7700
This post appears in Strata News #727.
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.
Jan Browne
Bridge Strata
E: [email protected]
P: 02 6109 7700
This post appears in Strata News #495.
Have a question or something to add to the article? Leave a comment below.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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1) Does 14 days to distribute minutes apply in Qld,?
2) Does 6 weeks timeline apply to replies to correspondence from the BodyCorp in Qld?
If so, these requirements are not happening and can be an.issue under Law?
In Queensland, Committee meeting minutes have to be distributed after 21 days.
https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/committees-meetings/committee-meetings/running
There is no set time for correspondence but if an owner submits a correct motion to the Committee for consideration this must be responded to within six weeks.
https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/committees-meetings/general-meetings/submitting-motions
does the above relate to NSW ACT
Hi Zlata
This Q&A on distributing meeting minutes applies to NSW: Our strata manager told me she doesn’t have to distribute the General Meeting minutes until two weeks before the next General Meeting.