- This topic has 4 replies, 3 voices, and was last updated 8 years, 4 months ago by .
-
Topic
-
Hi,
I have a very basic question regarding agenda items for AGM.
1. Who can adds a new agenda item (or motion) before the finalised agenda is sent to the owners?
2. Should the secretary call for agenda items to be included before finalising the agenda for AGM?
3.Can a committee member ask the secretary to send the draft of agenda allowing the opportunity to include new items on agenda?
4. Can the Secretary send notice for AGM with finalised Agenda without giving an opportunity to include a motion for consideration?
Thanks in advance.
-
Replies
-
Rhea – Are you certain that you have been provided with a Draft Agenda …or is it the actual Agenda? If it is the actual Agenda then you are too late to add a Motion. See the link to the Act below for when to submit Motions.
However, if the Notice has already been provided you may be able to add a Motion to amend a Motion. This can be done at the Meeting, or in the period between the Notice and the Meeting. Ask your Strata Manager how to do this.
Your questions:
1. Who can adds a new agenda item (or motion) before the finalised agenda is sent to the owners? Any lot owner can do this. The Motion must be submitted via the Secretary. If you have a Strata Manager then the Strata Manager will usually accept the Motion on behalf of the Secretary. Check with the Strata Manager.
2. Should the secretary call for agenda items to be included before finalising the agenda for AGM? The Secretary does not call for agenda items. A Lot owner can submit a Motion at any time during the year providing notice of the AGM has not yet been issued to the Owners. If a Motion is submitted late then it gets held over until the next General Meeting.
3.Can a committee member ask the secretary to send the draft of agenda allowing the opportunity to include new items on agenda? I guess so. There is no requirement for a Draft Agenda to be given to all Owners. Written notice of the AGM must be given to all Owners at least 7 days before the meeting.
4. Can the Secretary send notice for AGM with finalised Agenda without giving an opportunity to include a motion for consideration? Yes.
Please read Section 276 Schedule 1 particularly Items 6, 7, 8, and 18 (Item 18 deals with Amending a Motion). This Schedule deals with Meeting Procedures of the owners corporation (i.e. General Meetings). Ask your Strata Manager if you do not understand something. That is their job. https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/sch1.html
The whole Act is here:
https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/index.html#s20
Make sure you ask the Chairperson whether the Owners are financial before they vote. Those who are unfinancial (i.e. are not up to date with their levy payments) cannot vote.
You may nominate yourself for a Committee position at the meeting before the election is held i.e. before voting has begun.
If you wish to take this matter to NCAT after the AGM then you have only 28 days following the Meeting date to file a submission.
18 Motions require notice
A motion must not be submitted at a general meeting if any requirement of this Act to include the form of the motion in the notice of the meeting has not been complied with, unless the motion is a motion to amend a motion of which notice has been so given.
(My opinion only.)
I’m from the ACT so I won’t comment on the specifics of NSW legislation but I agree with the general thrust of PS’s reply. I have been a bit irritated on occasions by owners who complained that they had not had a chance to put a motion on the agenda before the AGM notice went out. My feeling is that such owners should have known the approximate date of the AGM ever since the previous AGM, since it was bound to happen approximately one year later. They could have provided their motion and any background material to the EC any time through the year and asked for it to be put on the next AGM agenda. If the matter was really pressing they could even have asked the EC to call a general meeting sooner just to consider their motion.
Thank you proudsceptic for explaining the process so well. I do refer to https://www.austlii.edu.au but sometimes I find it hard to interpret without an example.
Thanks Peter C, I understand your frustration. I am assuming there are owners like myself who are not well versed with the Strata law. For us some part of law does not makes much sense unless someone explains it, just like proudsceptic did.
@rhea said:
Thanks Peter C, I understand your frustration. I am assuming there are owners like myself who are not well versed with the Strata law. For us some part of law does not makes much sense unless someone explains it, just like proudsceptic did. Actually, the people who complain are those who have been here for many years and should know the drill. By contrast, people who are new to our place or strata in general are more likely to ask, in my experience.
- You must be logged in to reply to this topic.