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[jdmun1]

Hi there,

I live in Victoria in a building with less than 13 apartments.  The building is about 5 years old and only 2 out of the apartments have owner occupiers.  The rest of the occupants lease the apartments out. 

For the past few years, only two of the owners have attended general meetings and so it has been impossible to pass any resolutions.  Because of the size of the apartment block, we are not required to keep a maintenance plan by law so the owners corporation struggles to meet the expenses each year, let alone have any savings for any upgrades or unexpected expenses.  Is there any way, given the lack of attendance or interest by most of the owners in the corporation, to try get a maintenance plan and maintenance fund in place.

I’d appreciate any help/advice

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[kiwipaul]

According to the Vcat Act

78 Can a general meeting proceed even without a quorum?
(1) Subject to subsection (4), if there is not a quorum, the general meeting may proceed but all resolutions are interim resolutions.
(2) Notice of all interim resolutions and the minutes of the meeting at which the interim resolution is made must be forwarded to all lot owners within 14 days of the meeting.
(3) The minutes must be accompanied by a notice setting out the effect of subsection (4).

So if just the 2 of you show up at the AGM you hold the meeting and vote on the motions, the results are only interim untill 29 days have passed and a futher meeting has not been held. If a futher meeting has not been held your AGM motions become valid and you can organise the Strata based on them.

So any motion to increase the sinking fund and admin funds or to approve repairs or maintenance that were approved at the origional AGM can now be actioned.

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