Question: Non-committee owners get no notice of committee meetings and can only speak at the managing agent’s discretion. What are our legal rights to attend and participate in committee meetings?
Non-committee owners in our scheme receive no notice of strata committee meetings, despite the managing agent holding both our postal and email addresses. Our participation as lot owners is now limited to receiving a large AGM agenda by mail and speaking briefly on Zoom at the discretion of the managing agent.
What are the legal rights of non-committee lot owners in NSW to receive notice of, attend, and speak at strata committee meetings?
Answer: There is no automatic right for non-committee owners to participate in or vote at committee meetings, but owners may attend and speak if invited by a resolution of the committee.
You raise some really good points. Participation by owners, and how to maintain and enhance it, is an area of strata that we think should be at the forefront of all regulatory responses to strata law reform.
It’s important to acknowledge that there is a significant distinction between committee and general meetings. A general meeting is comprised of all owners (or rather, those eligible to vote). In contrast, a committee meeting is composed of elected and appointed members who can attend and participate.
While strata legislation varies across states and territories, the general rule of thumb is that there is no automatic right to participate in or attend committee meetings by non-committee members. In NSW, legislation requires notices of strata committee meetings to be sent to each member of the strata committee and each owner at least 3 days before the meeting. Delivery of the notice is to the address for service, whether physical or electronic. Non-member owners are allowed at the committee meeting but are not entitled to vote. They may speak if invited by a committee resolution. This is the case, regardless of the meeting format.
When it comes to voting at strata meetings, in NSW, the legislation provides that voting can be in person or by other means, noting that a person is “present” at the meeting if able to vote while not actually at the meeting. Electronic voting and attendance have become standard practice because that’s the way so many of us manage our lives. And for many, it’s very convenient to click a button and fulfil our need to engage and participate. The strata scheme, its committee and its strata managing agent can use electronic options to effectively run meetings and fulfil their legislative obligations. That said, we agree it’s not for everyone, and we know plenty of owners who prefer hard-copy materials and in-person attendance. That shouldn’t be dismissed if that’s someone’s preference, and there may be scope to submit an owner motion about the way in which meetings get held. Do keep in mind that in-person and postal methods usually end up costing more money (to all owners), and that it may be a minority view.
Our view is that it is essential to try to engage with others in your strata scheme before a meeting. Nothing is stopping informal discussions, and indeed, when a potentially sensitive issue is to be decided at a forthcoming meeting, such discussions become essential. It might be a way to achieve consensus. It could be a way to draw out differing views and better understand the issues. Meetings are, at their heart, the formal platform in which decisions are made final. The thinking, discussion, investigation and lobbying leading up to those decisions should all happen beforehand. By the time and date of the actual meeting, it’s probably too late.
This is general information only and not legal advice.
This post appears in Strata News #797.
Chris Irons
Owners Corporation Network of Australia Ltd.
E: chris.Irons@ocn.org.au
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