WA: Can AGM decisions be challenged if a new agenda is issued on the day?

Question: Is an AGM valid if a revised agenda is issued on the day?

For our AGM, the original agenda notice met the 14 days notice requirement under section 129(1) of the Strata Titles Act 1985 (WA) (the Act).

On the day of the AGM, a revised agenda notice was issued to all owners with one motion added, one removed, and changed information on the front page. The meeting relied on the revised agenda.

Our scheme has 72 lots and is effectively self managed, with a council of only three members performing strata management duties, despite nine owners nominating for the council at the AGM.

Given that the revised agenda was issued on the day and did not meet the notice period, is the AGM valid? What are the implications for owners who granted proxies or pre-voted based on the original agenda?

Answer: The validity of the AGM as a whole is less likely to be affected; however, individual resolutions arising from the revised agenda may be vulnerable.

Based on the information provided, the original AGM notice issued satisfied the minimum 14-day notice requirement prescribed under section 129(1) of the Strata Titles Act 1985 (WA).

However, the subsequent issue of a revised agenda on the day of the AGM, which introduced an additional motion, removed another motion, and amended information contained on the front page, raises concerns from a procedural and governance perspective.

While the Act does not expressly prohibit the circulation of a revised agenda, any new or amended motions that were not included in the properly issued AGM notice and did not receive the required notice period may be open to challenge. This is particularly relevant when those motions require owners to make informed decisions, or when owners are unable to consider or vote on those matters in advance.

In addition, where owners submitted proxy forms or pre-determined voting instructions based on the original agenda, the use of a revised agenda on the day of the meeting may have prejudiced those owners’ ability to participate meaningfully in decision-making. This may further expose resolutions arising from the revised agenda to dispute.

As a general principle, resolutions passed on matters that were not properly notified in accordance with the Act may be considered invalid or unenforceable if challenged. The validity of the AGM as a whole is less likely to be affected; however, individual resolutions arising from the revised agenda may be vulnerable.

Given the size of the scheme and the governance concerns raised, it would be prudent for the council of owners to seek independent legal advice to assess the validity of the affected resolutions and determine whether any corrective action is required. This may include reconvening an extraordinary general meeting to properly table and consider the relevant motions with appropriate notice.

This response is provided for general information purposes only and should not be taken as legal advice.

This post appears in the April 2026 edition of The WA Strata Magazine.

Rick Blampey
SVN Perth
E: rblampey@svn.com.au
P: 08 9427 7955