Can a General Meeting and the motions be held and determined by voting paper only, without online or in-person meetings?
In NSW, can a General Meeting and the motions be held and determined by voting paper only? Can this be done without any online or in-person meetings? The notice simply says voting papers are to be submitted by 12 pm on a particular date.
The motions relate to the adoption of minutes, a special levy, and the acceptance of a quote for a capital works project for more than $100,000.
I have read the regulations concerning pre-meeting voting, etc., but I don't see what clause allows for no actual meeting to occur. The clauses all contain the word ""pre-meeting"" which inherently means a meeting will occur. I have not located anything that says a voting paper alone can replace a meeting.
What about the opportunity for discussion and questions? This may be easier for the strata committee and strata manager, but how is this legal? The meeting notice says it is undertaken under Regulation 15, which refers to ""…commencement of the meeting"".
A general meeting MUST still be held even though voting has already occurred. The results of the voting are declared at the meeting.
You are correct. Irrespective of whether a ""paper meeting"" is to be held presumably by way of pre-meeting electronic voting, as you suggest, a general meeting MUST still be held despite voting already taking place. The results of the voting are declared at the meeting. Voting must be submitted (in case of a general meeting) before the close of the ballot, which is 24 hours prior to the actual meeting which must be held.
Regulation 15 refers to the process for pre-meeting electronic voting. See in particular 15(8), which states (emphasis added) - the matter is determined AT the meeting:
- In this clause, the close of the ballot means—
- for a matter to be determined by the owners corporation, the time that is 24 hours before the commencement of the meeting at which the matter is to be determined, or
- for a matter to be determined by a strata committee, immediately before the commencement of the meeting at which the matter is to be determined.
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