NSW: Can a special resolution be passed at an AGM?

Question: Can you please advise if a special resolution can take place at the annual AGM, or is a special meeting needed?

Answer: In practice, special resolutions occur at both Annual General Meetings and Extraordinary General Meetings.

A special resolution is defined under Section 5 of the Strata Schemes Management Act 2015. A resolution of the Owners Corporation is a “special resolution” if:

1. it is passed at a properly convened general meeting, and


2. of the value of votes cast–
   
   1. not more than 25% are against the resolution, or
   
   
   2. if the resolution is a sustainability infrastructure resolution–less than 50% are against the resolution.

In practice, special resolutions occur at both Annual General Meetings and Extraordinary General Meetings.

So to answer your question, yes a Special Resolution can be passed at an Annual General Meeting.

This post appears in the December 2022 edition of The NSW Strata Magazine.

Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547