ACT: Q&A Is it Law – Committee Minutes Must Be Released Within 14 Days?

These questions about meeting minutes and general meeting have been answered by Jan Brown and Craig Bowditch, Bridge Strata.

Table of Contents:

• QUESTION: If we do not accept the minutes of the previous AGM, what should happen?
• QUESTION: I am having difficulty obtaining Executive Committee minutes. I note the changes for the ACT this year will require minutes be released to owners within fourteen days of a meeting. Is this law yet?
• 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?

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.

Question: I am having difficulty obtaining Executive Committee minutes. I note the changes for the ACT this year will require minutes be released to owners within fourteen days of a meeting. Is this law yet?

I am having difficulty obtaining Executive Committee minutes. The Strata Manager will not release the meeting minutes until they have been ratified at the next Executive Committee meeting, which has not been scheduled.

I note the changes for the ACT this year will require minutes be released to owners within fourteen days of a meeting. Is this law yet?

Answer: The new legislation was notified on 27 February 2020 – Unit Titles Legislation Amendment Act 2020 although the provisions are not due to commence to 1 November 2020.

The new legislation was notified on 27 February 2020 – Unit Titles Legislation Amendment Act 2020 although the provisions are not due to commence to 1 November 2020. (except recent urgent amendments during COVID allowing for electronic meetings).

Section 115 of the new legislation refers to minutes of Executive Committee meetings –

• (1A) The executive committee must give a copy of the minutes of proceedings required under subsection (1) to each member of the owners corporation within 14 days after the day the meeting was held.

The minutes should form part of the records of the Owners Corporation and an owner should be able to request even in draft form. And should be available for any requests under section 1119.

The owner needs to ask for the reasons from the Executive Committee for not providing copies of the meeting noting that they are in draft. Normally minutes are confirmed at the next meeting but still form part of the records of the Owners Corporation in the interim – similar to General Meeting minutes

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Craig Bowditch
Bridge Strata
E: [email protected]
P: 02 6109 7700

This post appears in Strata News #349.

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?

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.

Craig Bowditch
Bridge Strata
E: [email protected]
P: 02 6109 7700

This post appears in Strata News #178.

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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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