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:
- it is passed at a properly convened general meeting, and
- of the value of votes cast--
- not more than 25% are against the resolution, or
- 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.
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