This article is about the Annual General Meeting in Victorian Owners Corporation.
Table of Contents:
- QUESTION: I would like to know if it is legal in Victoria for our strata committee to conduct our annual general meeting via zoom? I believe this is not permitted.
- QUESTION: When the minutes for our AGM were recently sent out, a number of items were minuted incorrectly. How do we correct the errors? Do we have to wait until next year’s AGM?
- QUESTION: ARTICLE: Annual General Meetings and the Victorian Strata Legislation
Question: I would like to know if it is legal in Victoria for our strata committee to conduct our annual general meeting via zoom? I believe this is not permitted.
Answer: The Act allows a person, who participates in a meeting, to attend by teleconferencing or another prescribed manner
Section 92(6) of the Owners Corporations Act allows a person, who participates in a meeting, to attend by teleconferencing or another prescribed manner, and is taken for the person to be present at a meeting. In that regard, general meetings held by zoom or any other method of video conference is permitted by this provision.
That said, it is prudent that if an owners corporation decides to hold meetings by video conference, they should provide clear and reasonable guidelines in respect of attendance registration and method of counting votes so that there is no vagueness in the resolutions passed at that meeting.
Rochelle Castro
RC & Co Lawyers
E: [email protected]
P: 03 9607 8457
This post appears in Strata News #488.
Question: When the minutes for our AGM were recently sent out, a number of items were minuted incorrectly. How do we correct the errors? Do we have to wait until next year’s AGM?
Answer: Sometimes, the minutes may not get everything right in terms of what was discussed and agreed.
At times the minutes are written by a chairperson or a delegate of the Owners Corporation and at times the Owners Corporation Manager will write the minutes. Sometimes, the minutes may not get everything right in terms of what was discussed and agreed.
If it’s immaterial to the operation of the Owners Corporation, my suggestion would be to wait until the next AGM to raise the issue and ask that the minutes are rectified.
If a person believes that what has been written or recorded in the minutes may have a material impact on the operation of the Owners Corporation, my suggestion would be that they inform the secretary of the Owners Corporation and that may be the manager in regards to what they believe is incorrect, and ask the manager to consider. It may be that the manager or committee member are unsure as to what was actually agreed and therefore they may defer back to the owners representatives who were in attendance at the general meeting. Then they also go back to the committee and get some feedback from them as to whether they believe what is been contested is accurate or not.
Gregor Evans
The Knight
Email
P: 03 9509 3144
This post appears in Strata News #481.
ARTICLE: Annual General Meetings and the Victorian Strata Legislation
Owners Corporation Act 2006 – Sect 69
- An owners corporation must have an annual general meeting if it receives or pays out money in any financial year.
- The time between the annual general meetings must not exceed 15 months.
That means that an owners corporation, where it receives and / or spends money, must make decisions by holding annual general meetings.
The Agenda for the Annual General Meeting
Owners Corporation Act 2006 – Sect 71
- The person convening an annual general meeting must prepare an Agenda setting out the matters to be dealt with at the annual general meeting.
- The matters to be dealt with at the annual general meeting must include:
- the election of a committee, if the owners corporation is to have a committee;
- the appointment of a manager, if applicable;
- the provision of details of the insurance held by the owners corporation;
- the provision of details of fees fixed by the owners corporation during the year;
- the consideration of the financial statements of the owners corporation;
- the consideration of the proposed annual budget of the owners corporation;
- the making of any delegations;
- the consideration of any report under various section that is listed in Section 71 of the owners corporations act;
- the tabling and consideration of the minutes of the previous annual general meeting.
In other words, the annual general meeting is quite prescribed and it’s important for all stakeholders to make sure that attendance is made by those who can vote at an annual general meeting. Otherwise, there will be difficulty in operating for the upcoming or the next financial year.
If you would like to discuss more matters relating to strata law, please do not hesitate to contact us.
Rochelle Castro
RC & Co Lawyers
E: [email protected]
P: 03 9607 8457
This post appears in Strata News #433.
Have a question about Annual General Meeting in Victorian Owners Corporations or something to add to the article? Leave a comment below.
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At our recent AGM the OCM who prepared and circulated the Agenda refuses to accept any new motions on the night of the meeting.
It is my understanding that if a n AGM is held and not enough owners attend minutes are still issued and circulated and after so many days and there are no objections the are approved.
On this basis if a new motion was put forward by owners at the meeting on the night and minutes circulated and no objection it should be valid. .
Also in minutes should they have who moved or seconded motion and word carried – our minutes had words noted on some motions
It is not possible to “resolve upon” normal voting motions unless the topic is on the agenda. Additionally, if a Special or Unanimous resolution, the actual wording must also be included on the agenda.
So new topics cannot be brought up at the AGM and motions put to members.
Members can decide the level of formality to their minutes, such as recording a mover and seconder, but not strictly necessary. The more modern way is to simply record “Members resolved that…..”.
If a vote is contentious or very close, it is wise to include the number of votes for and against for transparency, but not strictly necessary. The Owners Corporations Act 2006 simply requires that the result of voting on any resolution be recorded.
It would seem the logic behind Mr Sanders reply i.e. that members need to consider agenda items in advance and hence the purpose (or one of) for notifying members (at least) fourteen (14) days in advance of the AGM and so members have time to consider the Agenda motions and likewise, it would follow then, for any important information concerning highly significant Insurance quotations would be provided to ALL committee members, well in advance (at least 14 days of AGM) and so COM can equally be sufficiently ‘informed’ and when the decision i.e. resolution is then passed at AGM, the member (COM or otherwise) will have had sufficient time to evaluate and be prepared and ideally make an informed decision when voting at AGM.
Especially when the Manager holds majority of proxies (not made transparent at AGM) and has had the information well in advance of COM (i.e. over one month) and Manager can then vote for their proxy (member) on insurance and maybe considered unethical especially if the same Strata manager is owned by the same Broker who provided the insurance quotes.
Thanks
Our Vic OC last AGM was 30 Jan 2019. The Committee state Covid as the excuse the next AGM has not occurred. Pls advise!
Hi Kaz
The following response has been provided by Rochelle Castro, RC & CO Lawyers:
In my view, the Owners Corporations Act 2006 does not prohibit annual general meetings from being held via electronic platforms (i.e. zoom or Microsoft Teams).
That said, if the Owners Corporation decides to hold its annual general meeting through an electronic platform, guidelines should be created in respect of taking attendance and whether visibility (to count votes) should be required if a lot owner/proxy attends.