Question: Our recent AGM’s minutes are not accurate. Can we correct the minutes now rather than wait until the next AGM?
Our strata managing agent has sent us minutes of our recent AGM. All five committee members agree that the minutes are not accurate. We’d prefer not to wait until the next AGM to dispute the current AGM minutes. Are there any other options that would resolve this promptly?
Answer: Rather than waiting for the next AGM, you could convene an intervening general meeting of the owners corporation to correct the minutes.
This post appears in Strata News #691.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Hello,
Can a motion be adopted at an AGM or strata committee meeting in NSW for the names of the mover and seconder to be included in the minutes of these meetings?
Hi Graham
This recent NSW Q&A should assist:
Question: At our recent AGM, there was no vote taken on any of the motions. Is it a requirement that all motions at an AGM have a mover and seconder and then are put to the vote?
Q: Can a committee member sign off on the owners corporation meeting minutes at a committee meeting as being true and accurate when they were not at that meeting to hear the minutes?
(Does sign off literally mean sign off as in initial or sign the minutes)
A: “There is nothing in the legislation that prevents them from doing so, however common sense and best practise would generally see someone not in attendance at a meeting abstaining from such a vote.”
That is an interesting answer.
It implies if the SC is an all new SC after an AGM , not an uncommon thing to happen, then there is no way to confirm the last SC meeting because, most likely, no one was at that meeting.
If sign off means literally to sign (or initial) then there is nothing in the legislation to require this. The presumption of regularity is enough.
Agree, and when supplying this answer I did preface it with “without further clarification as to context’. The question as worded to me, seemed to suggest this was not a matter of a new committee, but rather an absent member from a meeting wishing to question the accuracy of the minutes.
Context is important.
ODM Deryck. The language used in your post is diabolical and somebody has been watching too much Parliament.
So many issues, so little time.
It seems Deryck is confusing motion with resolution. Before the vote the OC / committee is considering a motion after the vote if the motion passes then it becomes a resolution of the OC. The article from Deryck makes it sound like motions (a proposal for consideration) are resolutions (duly made decisions) and resolutions are either lost or passed. I have never come across that type of language when talking about what goes on at a strata meeting.
One of my pet peeves is all those people who have watched too much Parliament and think motions need to be seconded.
Where in the constitution (rules) of the strata committee is there anything about a motions needing to be seconded; nowhere, because a motion does not need to be seconded. If a motion needed seconding then it would be in the rules / standing orders / constitution or what ever other label one wants to attach to the procedures of meetings.
If the legislation is quiet on the matter of seconding, and it is, then the fall back position is the common law and the common law does not require a motion to be seconded.
Why is any of this of concern? A motion that requires seconding lapses without being seconded. A motion that does not require seconding does not have that issue yet if for some reason the Chair of a meeting thinks a motion needs to seconded, when in fact it does not, and the Chair calls the motion lapsed then that is an error on the part of the Chair that could land a OC in the Tribunal.
Should an owner entertain the incorrect view of Chair who thinks things need seconding and second a motion that does not need seconding in order just to keep things moving? I say no because it creates the wrong idea for others and then we end up in a place we shouldn’t be when the blind lead the blind. Monkey see monkey do. Shouldn’t be showing the monkey the wrong thing.
Motions on a general meeting agenda do not need seconding either; just in case you were wondering.
I strongly recommend Deryck and anyone else who does not want to take these comments as accurate to buy a copy of Horsley’s Meeting. It is university level book for Secretaries by Secretaries and has the beauty of qualifying just about every claim it makes with case law.
thanks Deryck
given that having the minutes confirmed 12 months afterwards is going to be of little to no use, could the issue of doubts regarding the accuracy of minutes and/or amendments be addressed at a special general meeting?
Tony
BTW I am in Victoria
hi Deryck
previous question re amended AGM minutes and delegations was meant for you, not Robert (apologies for any confusion)
hi Robert
is there a time limit on how long after an AGM amendments can be made to minutes? My OC AGM last April did not have sufficient attendees to form a quorum. Accordingly, the minutes were interim minutes for 28 days after the meeting.. The minutes were first amended several months after the AGM. However among many other issues, after it was pointed out that no delegations had been recorded in the minutes to either the Committee ,(none convened – 12 units in block), the chairman, or the OC managers) a further amendment was issued on 29 November, 7 months after the AGM, recording delegated power to the Chairman. There is no proof that this was discussed or resolved as it was not an agenda item. I have not seen the instrument of delegation to confirm if and when it was signed (and by whom). My questions are:
1. can the minutes be amended 7 months after the AGM?
2. if it is deemed that the amendment is not legitimate due to the delay, or has not been correctly signed at the time, does this mean that there has been no delegation of power in accordance with the requirements of the Act?
Hi Tony
A very interesting question, and one that lands in quite a significant grey area in the legislation. As far as I am aware, there is nothing in the OC Act or Regulations in relation to the process for amending or adopting minutes, in which case we have to look to industry trends and long standing processes.
The long-established trend in the industry is that that minutes are received, and confirmed at the next annual general meeting. of members. At which time, any errors are tabled and adopted by the scheme (either in the form of amendment [alter an existing entry] or addendum [which is adding something which should have been recorded]) .
I realise in your situation, having the minutes confirmed 12 months afterwards is going to be of little to no use, however my belief is that any formal change to the records themselves needs to be by resolution of the scheme (and as an extra layer, it must be confirmed by people who were at the meeting, you cant attest to something if you werent at the meeting!). So this passage is relating to amending the records.
To complicate things, I believe if the minutes record an action which was never made (IE – If the minutes record any resolution which was NOT made at the meeting) I believe by rights you have standing to contact the manager and ask they do not action this item. In doing so, it would be helpful if you have the written support of other persons from that meeting (to attest to the fact the resolution wasnt made). I personally have had this exact situation, the manager recorded in the minutes a resolution to obtain a sworn valuation, where no such matter was raised or discussed, let alone resolved. I contacted the manager asking they do not act as they had no authority to do so. The did not proceed with a valuation, and this amendment was formally recorded at the next AGM.
Hoping that makes sense! (apologies for the length of response)
Who has the rights to view the minutes from a meeting. I lease a premises within a building which has body corporate. Within the outgoings of my lease I pay the body corporate fees and thus I would like to know if I am able to ask for the minutes from previous meetings.
Hi Robert
It may vary depending on where you are located. What state/territory are you in?
Deryck
Hi Deryck
I’ve just been notified Robert is located in QLD.
Hi Robert
In QLD body corp records are considered public, there is a framework to view the records which you can see here, typically there is a cost associated.
https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/records/fees-for-access
As more of an informal suggestion, if you are friendly with any resident lot owners, ask them if they can email you a copy. As far as I am aware, the Body Corp isnt obliged to send records to tenants by default, However the lot owner could forward a copy to you (or nominate to be sent to your address) noted they are not obligated to do so. If I were you, at the point of negotiating the lease, if they wanted me to pay the BC fees, I would ask for a condition that they forward me a copy of the minutes (again, they arent obliged to, but its worth an ask)
What about Agendas? What needs to be included in agendas? Most have four headings; approval of last minutes, previous business, business arising and next meeting. Difficult to exercise your right and petition owners to intervene as an owner if specific motions are not written in the agenda.
Hi Brett
I can do a post on agendas if you would like.
The fundamentals to be included for an AGM – at a minimum should include
* Where it is
* When it is
* Identify the Strata Scheme
* Identify the convenor (normally manager)
* Identify each agenda item with a proposed resolution for each
As far as specific agenda items, it varies a little state to state. the most common items you will find (normally delivered in an array of orders) are-
* Open Meeting
* Confirm attendance / quorum
* Confirm previous minutes a true record (pending amendments)
* Adopt financial statements
* Receive the Committee’s Report (also reffered to as Chairmans Report)
* Receive the Managers Report.
* Confirm strata insurances (which may have a resolution for either indexing cover, or obtaining a valuation)
* Receive and adopt budget proposal (which may be amended)
* Resolve members contributions for the coming year (which is sometimes bundled in with budget resolution)
* General Business
* Election of Committee for the coming year
* Schedule the next years AGM
* Close
Obviously, there can be a whole array of variances in there depending on the legislation, the manager, and the strata scheme, I used to include an annually repeating resolution to confirm penalty interest is applied on arrears, and that insurance excesses are charged or recovered from an individual lot if it is found that lot caused the claim.
I hope that sheds some light.