› Flat Chat Strata Forum › Living in strata › What can and can’t you do at an electronic AGM? › Current Page
It probably helps to go straight to the source for this, namely the Strata Schemes Management Amendment (COVID-19) Regulation 2020
But to summarise (and this is my non-legal interpretation) you may have general meetings electronically, whether or not you have passed a by-law to do so, and you can hold an election via that meeting.
However, you can’t have pre-election online voting.
Here are the significant passages:
71 Altered arrangements for voting at relevant strata meetings—section 271A(1)(b) of Act
(4) To avoid doubt, this clause—
(a) applies despite any requirement in the Act for a vote at a relevant strata meeting to be exercised in person, but
(b) does not permit pre-meeting electronic voting to be used for an election.
(5) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum for the motion or election.
There are also references to clause 28(1) of Schedule 1, and clause 10(1) of Schedule 2, of the Act, but these are just enabling clauses that allow for alternative means of voting.
Regarding whether or not the old committee remains, my understanding is that the committee stays in place until a new one is elected at the next AGM. When you consider that the law only demands that AGMs must be held in successive financial years, they could be almost two years apart (July 2020 and June 2022).
Thus, having a time limit on the tenure of the strata committee would be impractical and they could continue in office until they were re-elected or de-elected.