ACT: Q&A Calling a Special General Meeting – What do I need to do?

This question about calling a special general meeting has been answered by Craig Bowditch, Whittles Strata Partners.

Question: How can I request, with other lot owners, that Special General Meeting be held? What procedures do I need to follow when calling a special general meeting?

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How can I request, with other lot owners, that Special General Meeting be held? What procedures do I need to follow when calling a special general meeting?

1. Can this be done by email by each owner?
2. Are signatures needed at the same time?
3. Does the reason for requesting the meeting need to be declared at the same time?
4. Can motions for the meeting be submitted up to 14 days before the Meeting?
5. Do these motions need a Mover and Seconder when submitted?

Answer:

The relevant part of the Unit Titles (Management) Act 2011 (Schedule 3, Part 3.1 Section 3.5) states the following:

General meetings other than annual general meetings

1. The executive committee of an owners corporation may call a general meeting, by notice under section 3.6, whenever it considers appropriate.
2.  Subsection (3) applies if the executive committee of an owners corporation receives a written request (a meeting request), stating the matters to be considered at the meeting, from people who are entitled to vote on all motions for units whose combined unit entitlement is at least ¼ of the total unit entitlement in the units plan.
3.  The executive committee must hold a general meeting, by notice under section 3.6, within 28 days after the day it receives the meeting request.

A General Meeting needs to be called by the Executive Committee. Whilst an owner can simply request this, the Executive Committee can choose to ignore such a request if the request comes from a single owner (unless they make up 25% or more of the unit entitlements).

If the meeting is being called as set out in subsection (2) then I would suggest that signatures are preferred and should be ideally or on one document setting out the proposed motions to be considered. Typically, emailing this to the Executive Committee Secretary should suffice or possibly via the Manager if one is engaged.

As the meeting will require at least 14 days notice the Executive Committee would be obliged to send out notices within 14 days so that the meeting can be held within 28 days from the initial request.

I have summarised my answer below to the specifics question in bold.

1. Can this be done by email by each owner? It is up to the Executive Committee to call any General Meeting.
2. Are signatures needed at the same time? Ideally
3. Does the reason for requesting the meeting need to be declared at the same time? Yes
4. Can motions for the meeting be submitted up to 14 days before the Meeting? Ideally, motions should be included in any meeting request.
5. Do these motions need a Mover and Seconder when submitted? Not essential.

This post appears in Strata News #178.

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Craig Bowditch
Whittles Strata Partners
P: 02 6132 4450
E: craig@whittlesstratapartners.com.au

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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