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Our dear EC has sent out an email asking if there is anything we want in the agenda for the AGM -held in 4 days!
The agenda was sent out to us on the 1st of March and now they email asking for ideas, and mentioning that they are going to bring up matters to decide on/vote on at the meeting.
I will not be present and will be instructing my proxy on how to vote on the matters listed in the agenda. So my question is, should items be brought up that are not on the agenda, what action can I take?
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I think you know that nothing new can be added to the agenda once the meeting notice is served (with due notice).
What to do; I think you also know that depends on what is brought up, passed and actioned. As we are all too aware CTTT are not going to automatically invalidate something just because process was not followed.
Just sit back, enjoy the show and hope you get the big levy increase that means you can help others pack .
You could reply to the email with parts of the SSMA which make it clear new items are for the next agenda, not the upcoming AGM. Schedule 2 clauses 35 and 36 covers it, it is simple to read and it is not quantum physics, so if the Chairperson still allows any new motions at the meeting then he/she does so with complete disregard for the SSMA.
I sometimes wonder why strata even has rules given most of them can be so easily ignored with little fear of repercussion.
The idea of adding to the agenda 4 days before the meeting is wrong and there is little can be done to stop it if the EC wants to do it; you can only potentially deal with the after effects if they are genuinely detrimental.
You basically have 28 days to object to anything that appears on the agenda as a result of the call-out on the grounds that you weren't given enough advanced notice (see below).
You're lucky – our EC just issues the agenda, there's huffing and puffing if anyone (actually, it's just me) wants to discuss anything and our AGM into a 'show and tell' where we a presented with a eries of motions to approve and the most important issue is finishing 'on time'. It's a pretty poor show for the one meeting a year where all owners get a chance to discuss anything that's bothering them.
But back to you: A polite note telling your EC they're on the right track – they don't have to invite motions or items for discussion – but if the call-out went out a week before the agenda it would be even better.
Here's the relevant section of the Act:
154 Order where voting rights denied or due notice of item of business not given
(1) An Adjudicator may order that a resolution passed at a general meeting of an owners corporation be treated as a nullity on and from the date of the order if satisfied that the resolution would not have been passed but for the fact that the applicant for the order:
(a) was improperly denied a vote on the motion for the resolution, or
(b) was not given due notice of the item of business in relation to which the resolution was passed.
(2) An application for an order under this section may not be made after 28 days after the date of the meeting at which the resolution was passed.
(3) If an order under this section is made in relation to a resolution making a by-law or amending or repealing another by-law and the order has been recorded as provided by section 209, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the resolution had not been passed.
(4) Subsection (3) is subject to the by-laws having been or being amended or repealed in accordance with this Act and to any relevant order made by a superior court.
(5) An application for an order under this section may be made only by a person entitled to vote on the motion for the resolution concerned.
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With due respect to all, most matters do not usually occur overnight, though some do!
In our building there is absolutely no concern or interest from the majority of owners that are not on the Committee until the AGM. If you are an owner and interested could you not follow the EC Meetings and or Minutes? SM should supply on request if you do not have access to. Our Committee on occassion gets an email from our SM a week or so before they send out the AGM Notice asking for items to add to the agenda, Bugger all notice for us either, but at least we are taking the time to be involved throughout the year so most items are not a surprise. I don't think there is a requirement to ask all owners for additions before writing agenda.Having said that, I would still bring up my concerns at the meeting, what have you got to lose? The chair could shut you up or not!
Struggler, are you sure you cannot attend this meeting? Sounds like you should.
Cheers,
CBF
Hi Struggler, Yeah, I hear you and feel for you. Here is an idea, what about attending the AGM by telephone conference? We recently had an Owner attend an EC Meeting by telephone as he was OS and there was an issue being discussed regarding his property. Though I am not sure of the legalities of this and if the fact you have a proxy attending means you can not attend in any way. Perhaps you have already considered and have a much better understanding of 'the rules' than I do? If not I hope this helps.
Cheers,
CBF
Hey Struggler, how was your AGM?
Cheers,
CBF
Will keep my fingers crossed for you.
CBF