This article discusses if wrong AGM minutes are breach of Owners Corporation Act in Victoria and explains when incorrect minutes should be corrected and a strata manager’s legal obligations.
Question: Are incorrect AGM minutes and voting procedures a breach of strata legislation?
Our AGM was held by teleconference. For electronic meetings, is the strata manager required to record the meeting? Should the manager clearly call for votes in favour of and against each resolution, and how should votes in electronic meetings be properly conducted and recorded?
A lot owner submitted a written resolution before the AGM and asked the manager to record the exact wording both at the meeting and in the minutes. The resolution wording was clear and required no correction, but the minutes recorded it inaccurately and not in line with the owner’s instructions. The minutes included incorrect statements made by the manager about a specific required undertaking. These errors have since been identified and can be proven.
In these circumstances, is the strata manager required to correct and reissue the minutes, and do these issues amount to a breach of the Act?
Answer: A manager must act honestly and in good faith.
If the AGM takes place via teleconference, there is no requirement to record it.
For voting at a meeting, the Owners Corporation Act 2006 notes that “a person may vote on a resolution of the owners corporation at a meeting by a show of hands or in another prescribed manner, unless the meeting resolves otherwise”. Assuming this is a simple show of hands vote, there is no further direction on how it should be conducted. A common practice in Victoria is for managers to ask if there are any objections or abstentions to the motion. If there are none, the vote has passed.
Incorrectly conveying or minuting a proposed resolution is not a breach of the Act specifically, though depending on the degree of error, it could be argued that the manager is not fulfilling section 122 of the Owners Corporation Act 2006. This section states that a manager must act honestly and in good faith. You could therefore put in a formal complaint against the manager.
The minutes form a record of the owners corporation. Therefore, they should be accurate. If the manager acknowledges the error, best practice is for them to send corrected minutes to all owners. If the manager does not agree that there is an error in the minutes, they need to be confirmed as accurate at the next meeting. Members of the owners corporation will be able to vote on whether they are accurate at the next AGM.
Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488
This post appears in the March 2026 edition of The VIC Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- VIC: Q&A A comprehensive guide to committee voting in Victoria
- VIC: Q&A Are AGM minutes required to record proxies present at the AGM?
- VIC: Q&A The AGM Agenda, Committee Meetings and Minutes
Visit our Strata Committee Concerns, Strata By-Laws and Legislation, Strata Managers OR Strata Title Information Victoria.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Leave a Reply