Re: By-law definitions

It’s been a while, but since I last wrote on this topic I have had the opportunity to consult with a Fair Trading legal and technical expert, and I can now clarify a few points mentioned in previous postings:

1.  An EC can ONLY convene an EGM by holding a properly convened EC meeting with agenda, vote and minutes.  A telephone or email vote or an informal meeting is not permitted. 

2. This function can NOT be delegated to a strata manager (despite what your beloved Strataman says, sorry Jimmy!)

3.  A general meeting can be invalidated and ordered to be re-held if it is not convened properly, but this would only happen if the outcome of the meeting may have been different had it been convened correctly.

4.  The legislation does not have a definition of the “first meeting” when it comes to proxies but Fair Trading takes the view that participation is more important than exclusion, so if proxies are delivered within the required time period before an adjourned meeting, that meeting should be considered the “first meeting” and they should be accepted. 

5.  An EGM adjourned due to lack of quorum must be at least seven days after the first meeting, irrespective of the requirement in Part 2 Div 1 clause 13 2b which says that “notice of that time and place must be served … at least 1 day prior to the meeting”.

As for my dog’s legs, advice on calling an EGM with owner’s support is gratefully acknowledged, but in a large scheme like this, and as a new resident, I don’t actually know most of the people who were at the EGM and voted in favour of allowing larger dogs, and it would be difficult to track them all down.

The good news is that the EC has agreed to revisit the bylaw, survey resident views and take submissions on how it might best be changed.  One would hope that common sense will prevail, I’ll let you know!