#18529
Jimmy-T
Keymaster


    @kiwipaul
    said:
    To the best of my knowledge postal voting is not accepted in NSW. 

    True

    Only Sec or SM can call official meeting and an agenda (with motions) must be supplied to everyone 3 days before the EC meeting.

    Not true. This is what the Act says:

    7   Executive committee meetings may be required to be convened

    (1)  The secretary of an owners corporation or, in the secretary’s absence, any member of the executive committee must convene a meeting of the executive committee if requested to do so by not less than one-third of the members of the executive committee, within the period of time, if any, specified in the request.

    (2)  If a member of the executive committee other than the secretary is requested to convene a meeting of the executive committee under this clause, the member may give, on behalf of the executive committee, the notice required to be given under clause 6.

    Going around collecting signature on a bit of paper is meaningless.

    True in terms of the EC having given approval – that can only be given by a properly convened and minuted meeting that other owners are allowed to attend.  However, collecting signatures is how you request and convene a meeting as described above 

    Those not available to attend can return the Agenda suitably completed to record their votes at the meeting (a sort of postal vote) and increase the number considered attending (a proxy vote count as attending) for a quorum.

    Never heard of returning a “marked-up” agenda as a form of voting.  You could give that to your proxy at an EC meeting as a guide but it has no legal status.  By the way, EC proxies are in person – assuming you are an EC member yourself, you have to nominate someone in your place or an EC member who will vote on your behalf. And before their proxy status is valid, they have to be accepted by a majority of the other EC members.

    “Postal votes” are invalid and even nominations of proxies don’t count towards the quorum of an EC meeting – the meeting has to be quorate before proxies can be accepted.

    That’s why Paul H is in this bind with non-attendees running the agenda.

    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.