[den19dy]

I am not sure if you are suggesting that we just stick with the methods for service prescribed in s236 or make a by- law that can override (s236 4e) that section  of the act and allow an alternative form of service. If, however, no by-law is passed then you can not rely on electronic service alone with risking the meeting being invalid in my view.

 

Any other views on this?

[den19dy]

Ok I should read more carefully because s236 4(e) states:

in any manner authorised by the by-laws for the service of notices on owners.

I am still a bit worried about whale thinking you do not need a by law.

[den19dy]

Sorry I put the clause for the first general meeting (cl27) when I should have put cl32 which is for subsequent meetings as per below. Either way the notice must be served.

 

32 Persons to whom notice of general meeting must be given

 

(1) Notice of a general meeting of an owners corporation must, at least 7 days before the meeting, be served on each owner.

(2) Notice of a general meeting of an owners corporation must also be served, within that 7-day period, on each first mortgagee and covenant chargee shown on the strata roll if an item on the agenda for the meeting requires a special or unanimous resolution of the owners corporation or relates to insurance, budgeting or the fixing of a levy that will require expenditure above the prescribed amount referred to in the definition of “priority vote” in clause 7 (1).

(3) If a member of the executive committee other than the secretary receives a requisition to convene an extraordinary general meeting of the owners corporation in accordance with this Schedule, the member may serve the notice on behalf of the executive committee.

(4) Nothing in this clause requires an owner to serve on himself or herself a notice of a general meeting

[den19dy]

Not sure about that s236 states:

(1) Application of section This section applies to service of a notice or other document required or authorised by this Act or the by-laws to be served by the Director-General, an Adjudicator, the Tribunal, an owners corporation, the lessor of a leasehold strata scheme, an executive committee or the secretary of an executive committee and is subject to the other provisions of this Act.

If you read this carefully you will see that it does relate to an owners corporation and under schedule 2 clause 27 it states:

27 Persons to whom notice of general meeting must be given

 

(1) Notice of the meeting must, at least 14 days before the meeting, be served on each owner and each first mortgagee and covenant chargee shown on the strata roll.

(2) Nothing in this clause requires an original owner to serve on himself or herself a notice of the meeting.

You will not that s236 states any notice or document served under the act and by the OC.

Any other views? I also think there are advantages to electronic service of documents but the risk is that some people do not have email and they can get caught in filters etc.

More importantly if the act says they must be served (cl27) and it prescribes a process for service then notices for the meeting that do not comply may risk being invalid.

My question remains however, can the motion overide the act ? I do not think so because they are subordinate to the act in accordance with general legal principles but does anyone else know if this is right?

[den19dy]

Thanks Jimmy,

 

Yes I was aware os the requirements for EC meeting my concern is that the motion on the agenda is designed to allow the strata manager to serve notices for general meetings which are currently served in accordance with s236. The question is can a by-law overide the need to serve notices in accordance the act

[den19dy]

Thank you very much Jimmy.

 

I probably should have added that he was a strata manager. He did have the support of a majority to chair.

 

There are lots of maintenance issues primarily concerned with concrete cancer.

[den19dy]

Sorry for OC meetings not executive meetings. Fair Trading indicated that proxies would speak.

[den19dy]

From 1/1/12 in NSW assuming  the draft Workplace Health and Safety Act and regulations (this will replace NSW current OHS act and regs) is approved then strata schemes in most instances will not be subject to these laws as per below:

 

   1.1.7   Meaning of person conducting a business or undertaking—persons excluded

                (1)  For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises. 

                (2)  Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.

                (3)  In this regulation, strata title body corporate means [………………..].

[Author]

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