#49798
Jimmy-T
Keymaster

    LIVING IN THE PAST:  A couple of readers have kindly pointed out that in my original response, I wrongly quoted the 1996 legislation. Here are the relevant references to the 2015 Act (which are more or less the same). -JimmyT

    Section 17 of Schedule 2 of the Act is absolutely clear on this, minutes must be kept and displayed or distributed to owners within 7 days of the meeting.

    The committee should also be issuing a full agenda 72 hours before its meetings (which owners must be allowed to attend) and should not be making any decisions that affect the scheme, owners, residents or common property in an “informal” setting.

    Any decisions made that way are probably not binding, may be ignored and certainly could be challenged at NCAT.  Here are the basics from the strata Act 2015.

    5. Notice of meetings for [small] strata schemes

    (1)  The secretary of the owners corporation of a strata scheme that is not a large strata scheme must give notice of a meeting to each other member of the strata committee at least 3 days before the meeting and to each owner.

    (2)  Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or in accordance with section 263.

     7. Matters that must be included in notice of meetings

    The notice of a meeting must include a detailed agenda for the meeting.

    13. Non-member owner may attend

    An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.

    17. Minutes and other records

    (1) Records to be kept
    A strata committee must cause to be kept a record of its decisions, any notices given under this Schedule and full and accurate minutes of its meetings.

    (2)  The minutes must include minutes of all resolutions passed in accordance with this Schedule.

    (3) Distribution of minutes and records of motions
    Within 7 days after a meeting of a strata committee or the passing of a resolution by the strata committee, the strata committee must provide copies of the minutes of the meeting or of the resolution in the following manner—

    (a)  by giving each member of the strata committee a copy,

    (b)  by giving each owner a copy, if the strata scheme is not a large strata scheme,

    (c)  by giving an owner a copy, if the strata scheme is a large strata scheme and the owner requests a copy within the period of 7 days.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.