How do you “handle” owners who are not financial but are attending the AGM. We find they sometimes cause a disruption at meetings.
The chair would have the right to insist that any member disrupting the meeting, financial or non-financial, refrains from their behaviour. If the behaviour persists, ask the person to leave the meeting.
Under the Strata Titles Act 1985 and as amended in 2018 there is no probation on any unfinancial owner attending an AGM. If they do attend:
- they do not form part of the quorum of the meeting,
- they cannot nominate for the strata council of owners,
- they cannot vote on any Ordinary Resolution, nor any Special Resolutions.
However, they can vote on a Resolution without Dissent and an Unanimous Resolution.
Yes, they can participate in the discussion but on voting as mentioned above, cannot have a valid vote and that would be on most strata decisions as the majority would fall under the jurisdiction of an Ordinary Resolution.
Now if any member financial or non-financial are disrupting the meeting the chair would have the right to insist that the person refrains from their behaviour or if the behaviour persists ask for the person to leave the meeting.
An AGM is no different from any other organisational meeting and proper meeting protocols need to be adhered to.
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With over 40 years in the Real Estate industry and 30 years’ experience in Strata, and with the introduction of major reforms in the Strata Titles Act, Brian has developed Strata Training and Consulting known as STRATATAC. Brian is a regular contributor to LookUpStrata.
Brian is a highly experienced and knowledgeable strata consultant, a qualified trainer, creator of new CPD strata training programs and has advanced knowledge of the Strata Titles Act (1985), the Amendments Act 2018 and the Community Titles Act 2018. Brian sold his strata management business STRATACAM in July 2018 to concentrate on consulting to managers, developers and owners. He is an advocate for strata and has specialised in ONLY strata for a number of years. His knowledge and expertise is sought after by real estate agents and strata managers from all metropolitan and regional Western Australia.
Contact Brian on 0428 970 067 or at strata@stratatac.com.au
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