Question: Is the explanatory note meant to be emailed with the notice of the EGM? Can the committee delay sending the explanatory note out to owners?
Our committee have called an EGM. They sent out the paperwork, i.e. agenda, and voting paper but have not included the explanatory note. They advised that the explanatory note in relation to the circumstances surrounding the requirement for the EGM would be forwarded to all owners in the coming day or two.
The notice for EGM was emailed on 21 August 2023 but by the end of August 2023, we had not received the explanatory note.
Is the explanatory note meant to be emailed with the notice of the EGM? Can the committee delay sending the explanatory note out to owners?
Answer: The explanatory note should have be included with the motion when the notice is distributed – that’s the whole point.
The explanatory note should have been included with the motion when the notice was distributed – that’s the whole point.
It’s unfortunate that it was omitted, but if it was a genuine mistake, it may be sufficient to send it out afterwards with an apology and explanation.
Whether you consider this reasonable may depend on the import of the motion or whether you think the non-inclusion of the note will affect the way people vote.
It’s more concerning that the correction hasn’t been issued quickly. Perhaps you should contact the committee or body corporate manager to ask why.
Otherwise, you could seek an emergency adjudicator’s order if you felt the matter was serious enough. Alternatively, you could wait until the vote was held and could dispute the outcome if it didn’t go your way. A third option would be to remove the motion, but ask the body corporate to call a separate EGM to consider only your motion. This would be at the expense of the body corporate given that they made the error.
This post appears in Strata News #663.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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