This question about Owners Corporation AGM minutes recently came in from a NSW Lot Owner. Leanne Habib, Premium Strata provides the following response.
Question: We feel our Owners Corporation AGM minutes do not factually represent the events of the meeting. How can we fix this?
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We live in a Strata Complex in NSW.
When the Agenda for our AGM was sent out recently to the Owners, it stated that the decision making powers of the Executive Committee be limited.
In the Minutes of the AGM it reads that there is no restrictions placed on the decision making powers of the Executive Committee.
No one at the meeting remembers discussing changing the E.C’s power to No Restrictions, even though I feel this is something we would remember.
I asked our Strata Manager about the minutes, who at the AGM put forward the change from limited to no restrictions, and who second it? The Strata Manager will not communicate this information.
Is it correct procedure to change this without a vote from the Owners Corporation and is an owner entitled to the information on who put forward the change?
Answer: You will have an opportunity at the next general meeting to correct the position.
Schedule 1 Section 8 of the SSMA 2016 states:
8 Matters that must be included in notice of general meetings
(1) The following matters must be included in, or accompany, the notice given of all general meetings:
(a) a form of motion to confirm the minutes of the last general meeting of any kind,
At the next general meeting there will be a form of motion to confirm the minutes you state erroneously recorded the limitations on the strata committee. This will be your opportunity to correct the position.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.