#60118
Jimmy-T
Keymaster

    I think your chances of having the general meeting declared null and void are somewhere less than zero.

    It’s true that there are provisions in the Act for invalidating resolutions and elections if the meeting has not been held in accordance with strata law.

    There is nothing there about invalidating a meeting and as far as the individual componente of the meeting, the Act says the Tribunal may refuse to invalidate resolutions or elections if the failure to comply with the letter of the law did not adversely affect any person, and that “compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election”.

    In your shoes, I would find an appropriate motion on the agenda and, at the meeting,  propose an amendment stating that another general meeting be held withing however many weeks to consider the motions that you were not allowed to present due to confusion over timings.

    For instance, there is a compulsory motion on every AGM agenda to decide if any matter or type of matter is to be determined only by the owners corporation in general meeting.

    You could ask the meeting to amend that motion to include that another general meeting be scheduled to consider some very serious matters that were left out of the current meeting due to confusion over timing.

    You might even float what the issues are and how important it is that they be discussed as soon as possible, hence setting a new meeting date.  Or you could just call for the support of 25 percent of owners (including yourself) to call for a other general meeting.

    But be aware that there is no obligation on the part of the secretary or strata manager to invite owners to submit motions.  That’s because there is an obligation for any motions that do come in to be included in the agenda of the next general meeting, whenever that might occur.

    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.