Can a strata manager refuse to hold an AGM on site due to WHS concerns?

Generally speaking, no, a strata manager cannot require that an AGM be held off-site, and there have been no recent laws introduced in NSW that prevent owners corporations from holding meetings on-site.

While strata managers and their employers do have work health and safety obligations, these duties do not automatically mean meetings cannot occur within the building. WHS responsibilities require that any meeting location, whether on-site or elsewhere, be reasonably safe and suitable.

In practice, this means that some locations within a building, such as poorly ventilated garages or areas with obvious hazards, may not be appropriate. However, many on-site spaces, such as foyers, common rooms, or meeting areas, can be used safely and compliantly. The owners corporation’s public liability insurance will generally extend to meetings held on common property, although it is always sensible to confirm this with the scheme’s insurer.

Importantly, the decision about where to hold meetings ultimately rests with the owners corporation. The strata manager acts as the agent of the owners corporation (who is the principal) and should follow reasonable directions about meeting arrangements, provided the chosen venue is safe and practical.

What should be your next practical steps?

If your scheme wishes to continue holding AGMs on site, the committee should first identify a suitable, safe location within the building, accessible and free from obvious hazards. Simple measures such as ensuring adequate lighting, seating, ventilation and safe access can satisfy WHS expectations.

It can also be helpful to confirm with your insurer that meetings held on common property are covered under the scheme’s public liability policy. This reassurance often resolves concerns raised by managing agents.

Next, the owners corporation can formally resolve the preferred meeting format and venue at a general meeting or instruct the strata manager accordingly. Clear written direction helps avoid ongoing uncertainty.

Finally, many schemes now adopt a flexible approach by allowing hybrid meetings, combining in-person attendance with teleconference access. This supports both safety considerations and broader owner participation.

Meeting format and location can significantly affect participation and transparency. A practical, cooperative approach usually leads to the best outcome, ensuring meetings remain safe, compliant and accessible to all owners.