Question: How much notice of the meeting needs to be given for an adjourned AGM?
In NSW, does an adjourned AGM need seven days’ notice? Our AGM was supposed to take place in Dec. It was adjourned to 8 Feb and 2 days before that, adjourned again. The date of 22 Feb was eventually agreed upon. We were officially notified of the new date and sent documents (some of which had changed from the originals) on 20 Feb.
Answer: There is no requirement to give at least 7 days’ notice. Only 1 days notice is required.
If the meeting was adjourned (for reasons other than a quorum was not present) the procedure is set out below (extracted from Schedule 1 of the legislation) – there is no requirement to give at least 7 days’ notice. Only 1 days notice is required:
20 Adjournments
- A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
- The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting or, if the meeting was adjourned because of a lack of a quorum, by the person who would have presided at the meeting but for the lack of the quorum.
- The secretary of the owners corporation must give to the members of the owners corporation, at least 1 day before the resumed meeting, a written notice specifying—
- the time and place of the meeting, and
- the provisions of this Act for determining the quorum at a meeting.
This post appears in Strata News #641.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
If I would like to submit a motion for the committee to review for the AGM as being an owner(not a committee member). For example, I want to invite a building management company to bid for the tender. Is the committee authorised not to present all the tenders to the AGM? If the committee is, how can I make sure the company will reach the AGM for the vote process? If I recommend a company, a good one, might be agreed with the committee members then they decide not to choose it for voting during the AGM, can I challenge their decision of not presenting my recommended company to the AGM? What can I do?
If I put a motion of asking a company to tender for the business, can it be denied please?
Hi Ivan
The response to this Q&A, and possibly others on this article, 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?
Dose all correspondence ‘in and out’ have to be read at general meetings ? I fear that in our complex, only selected letters are read.
Alan
Hi Leslie
Leanne Habib from Premium Strata has responded to your question in the article above.
How can you add to a meeting agenda either a committee meeting or Annual general meeting when you the date, time, and agendas are already sent out?
Hi Susan
The following response has been provided by Leanne Habib, Premium Strata:
Theoretically, you could adjourn the meeting and incorporate additional items giving the full statutory notice period. The secretary of the owners corporation does not need to include requisitioned motions once the agenda for a meeting has been sent but must include them on the agenda for the next meeting of the owners corporation.
I think you may have misread the question, albeit the question is a little confusing too.
You referenced schedule 2 which is only applicable to committee meetings, but then you referenced Section 7 of the Act which relates to General Meetings.
In short, I believe the answers to either question be it Committee or General meeting should be:-
Committee meetings for Schemes under 100 Lots; ( Schedule 2)
– notice period: 72hrs prior to the meeting and notice is to be displayed on the noticeboard or by issuing a notice to all owners.
Tenant Meetings:
– notice period is 7 days prior to the meeting by placing a copy of the notice on the noticeboard.
General Meetings: (Section 7)
– Notice periods is 7 clear days and by issuing a notice to each lot owner.
“ordinary general committee meetings”.
I love the description.
I love that it is not clarified.
There are general meetings and there are committee meetings.
There used to be extraordinary general meeting but there are now just strata committee meetings, general meetings and the annual general meeting, there is still FAGM if you need to have a special label for the first annual general meeting. There are no ‘ordinary’, as opposed to something else, meetings.
Ordinary general committee meetings – makes no sense what so ever and to answer a question on it makes less sense without clarification of the mixed use of terms
(so long as the decision making power does not lie exclusively with the executive committee).
Out of curiosity when does the SC have exclusive decision making authority? see s 36(2)
http://www5.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/
Hi Leanne
Should not the reference to the strata schemes management act be revised?
Hi Michael
Thanks for your message. We have updated the post with reference to the current Act.