› Flat Chat Strata Forum › From the Front Page › From the Forum: Bans on unfinancial votes even tougher than you thought › Current Page
Section 19 of the strata Act says “the secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting … of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.” It then explains: “a request is a qualified request for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.”
So, if your unfinancial owner has more than one quarter of the unit entitlements, I can’t see how you would stop them from demanding an EGM, regardless of their financial status.
But then they wouldn’t be permitted to vote anyway, so the chair could immediately move to adjourn nhe meeting until such time as the matter has been resolved at NCAT and the unfinancial owner wouldn’t even be able to vote against it. This falls under Section 20 of Schedule 1 of the Act which says:
(1) A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
(2) The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting or, if the meeting was adjourned because of a lack of a quorum, by the person who would have presided at the meeting but for the lack of the quorum.
(3) The secretary of the owners corporation must give to the members of the owners corporation, at least 1 day before the resumed meeting, a written notice specifying—
(a) the time and place of the meeting, and
(b) the provisions of this Act for determining the quorum at a meeting.