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NSW: Does sending an AGM notice early prevent owners from submitting motions?

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Question: Does sending out an AGM notice 26 days before the AGM preclude owners from submitting motions?

Generally, AGM notices are sent out 15 days or a bit earlier before the AGM. Can a strata manager send out a notice for an AGM 26 days before the AGM to preclude owners from submitting motions for the AGM in time?

Can the strata manager rely on the strata committee meeting minutes to act as sufficient notice to owners to submit motions for the AGM?

Are motions submitted on the same date as the notice of AGM validly submitted in the above instance?

Answer: 26 days sounds about right for an Annual General Meeting.

Recent changes to the Strata Schemes Management Act 2015 mean that notice must be given to owners and people entitled to a priority vote at least 14 days before the meeting. Likewise, changes to the Interpretation Act now mean that the time it takes to effect service of notice of documents has increased from 4 business days to 7 business days. In practice, this means that the agenda should be sent out to allow for the following:

  • 14 days’ notice period (not including the day the agenda is sent or the date of the meeting)

  • 7 working days service of notice (can work out to be up to 2 weeks if there are public holidays)

So, to my mind, 26 days sounds about right for an Annual General Meeting. Your strata manager likely convened the meeting using the correct notice periods rather than sending the notice out early to prevent owners from submitting motions.

Notice to submit motions for the AGM

There is no requirement for an owners corporation to send out a notice to other owners before the Annual General Meeting asking them to submit motions. Owners can submit a motion at any time during the year. The secretary, or in this case, the strata manager, must add the motion to the next general meeting agenda so owners do not need to wait for an invitation to submit a motion.

When is the general meeting “convened”?

There is still some discussion about when a general meeting is deemed to have been “convened”. In general, once the notices have been posted/emailed to owners, then the meeting is convened, and you will need to wait until the next general meeting for your motion to be included on the agenda. So, if the agenda has not been sent to the printers to be distributed, my position would be that your motion should be included on the agenda. To ensure you are not disappointed, I recommend sending in motions during the year and perhaps sending a reminder once your building reaches its end of the financial year.

This post appears in the November 2024 edition of The NSW Strata Magazine.

Edward Baker
Responsive Strata
E: edward.baker@responsivestrata.com.au
P: 0493 970 875

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About Edward Baker

Edward Baker, stands with over two decades of strata experience, bringing unmatched expertise to the role. Edward is widely respected in the NSW strata industry and is known for his commitment to fostering meaningful interactions with owners and committees, his unflappable manner, and his level-headed ability to problem-solve. A recognised industry leader, Edward is regularly approached to give advice and share his knowledge on a range of strata schemes and to contribute to industry forums.
Since starting his career in strata management in 2001, Edward has had hands-on managing experience ranging from 2-lot schemes to extensive 600-lot projects and everything in between. His expertise spans residential, commercial, and industrial strata management, along with community associations, building management committees (BMCs), defect management, new developments, dispute resolution, and the comprehensive management of buildings at all stages of their lifecycle. Over the years, Edward has also contributed significantly to various other business management roles, serving as Operations Manager, Licensee in Charge and Branch Manager.
Edward's academic and professional credentials include a Master of Commerce, a Bachelor of Arts, an Advanced Diploma in Property, and a range of industry certifications. He is also a Justice of the Peace and holds a level 3 Practising Strata Community Manager certification with Strata Community Association (SCA). His involvement in the SCA Professional Strata Management Committee, coupled with his active participation in the strata industry and community at large, showcases his ongoing commitment to the field.

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