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Jimmy may well be correct and the likelihood of the CTTT overturning a decision on this basis may be small.
I’m sure that there are many owners corporations running their adjourned AGM’s like this but I for one wouldn’t want my strata manager to suggest a practice that is contrary to the Act. Where do you draw the line?
Is this practice acceptable for small schemes where no significant decisions are being made? Possibly.
Is this practice fraught with danger if there are any significant decisions or special resolutions on the agenda? Definitely.
Another relevant issue comes to mind… my strata manager has a standard AGM agenda item regarding their ‘re-appointment’ every year. There is no way for this motion to be carried unless there are other owners or proxy holders present apart from the strata manager as the strata manager will be unable to vote on the motion.
