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11/04/2012 at 2:07 pm #8060
Hiya, my BC manager calls the AGM the minimal time in advance at a time guaranteed to ensure no one can attend that works (1pm Tuesdays). He also does not distribute minutes until the AGM is announced a couple of weeks before this date. Is this legal?
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11/04/2012 at 5:48 pm #15306
It’s legal – just – but is it right? I don’t think so. Firstly, the minutes of the AGM can’t be approved or otherwise until the next General Meeting, so it kind of makes sense that they aren’t sent out until just before … but then how are to people who weren’t at the meeting to know what was decided?
But this building manager is only the employee of the Owners, not the other way round and he has to do what they collectively want. So this is what you do, at your next EC meeting (you do have EC meetings, don’t you?) you agree that in future a summary of all General Meeting and EC meeting decisions will be sent out to all owners within two weeks of the meeting. In fact the minutes of the EC meetings (not general meetings) have to be sent out within 14 days by law.
Then you order the manager that the next AGM will be held in the evening at a time that suits the majority of owners rather than them.
If he refuses, sack him. The tail must not wag the dog.
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.
13/04/2012 at 9:22 am #15327Great, clear advice, thanks Jimmy T – maybe you could come to the next EC 😉
13/04/2012 at 5:19 pm #15330@KaterinaC said:
Great, clear advice, thanks Jimmy T – maybe you could come to the next EC 😉I have enough trouble with my EC – life’s too short … and so am I.
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.
18/04/2012 at 2:14 pm #15358@JimmyT said:
It’s legal – just – but is it right? I don’t think so……In fact the minutes of the EC meetings (not general meetings) have to be sent out within 14 days by law.
If he refuses, sack him. The tail must not wag the dog.
It hardly matters but is it 14 days or is it 7 days? I thought it was 7.
I can find where it says 7 days so i am wondering if it is 14 days then where do i find that. I can find where it says they need to remain on display for 14 days so perhaps it is 7 days to send the EC minutes and 14 is just a typo caused by the the display period requirement.
It doesn’t really matter because the late mailing of EC minutes is the type of non compliance that the establishment (CTTT) don’t feel is worthy of their attention – if owners have a problem with it then it comes under what CTTT call “micro management” and the OC can deal with that internally as far as CTTT is concerned, i.e. if an owner does not like late EC minutes then they should try to have the EC removed.
Schedule 3, clause 16, of the Strata Act is another one of those parts of the legislation that an EC can openly ignore. Seven days, fourteen days, a month … it won’t be until numerous owners do not get (or have displayed), repeatedly over several months, the EC minutes; then somebody might make an order.
The time to send/display minutes is one of those parts of the legislation that does not really matter unless a failure to meet the requirement becomes something of major significance.
16 Display of minutes
(1) Within 7 days after a meeting of the executive committee of a large strata scheme, the executive committee must:
(a) give each owner and executive committee member a copy of the minutes of the meeting, and
(b) if the owners corporation is required by the by-laws to maintain a notice board, cause a copy of the minutes of the meeting to be displayed on the notice board.
(2) Within 7 days after the executive committee of a large strata scheme passes a resolution in accordance with this Schedule, the executive committee must:
(a) give each owner and executive committee member a copy of the minute of the resolution, and
(b) if the owners corporation is required by the by-laws to maintain a notice board, cause a copy of the minute of the resolution to be displayed on the notice board.
(3) Within 7 days after a meeting of the executive committee of a strata scheme that is not a large strata scheme, the executive committee must:
(a) cause a copy of the minutes of the meeting to be displayed on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, give each owner and executive committee member a copy of the minutes of the meeting.
(4) Within 7 days after the executive committee of a strata scheme that is not a large strata scheme passes a resolution in accordance with this Schedule, the executive committee must:
(a) cause a copy of the minute of the resolution to be displayed on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, give each owner and executive committee member a copy of the minute of the resolution.
(5) A copy of a minute or minutes required to be displayed on a notice board under this clause must be kept displayed on the notice board for a period of not less than 14 days.
19/05/2012 at 3:02 pm #15554@JimmyT said:
It’s legal – just – but is it right? I don’t think so. Firstly, the minutes of the AGM can’t be approved or otherwise until the next General Meeting, so it kind of makes sense that they aren’t sent out until just before … but then how are to people who weren’t at the meeting to know what was decided?But this building manager is only the employee of the Owners, not the other way round and he has to do what they collectively want. So this is what you do, at your next EC meeting (you do have EC meetings, don’t you?) you agree that in future a summary of all General Meeting and EC meeting decisions will be sent out to all owners within two weeks of the meeting. In fact the minutes of the EC meetings (not general meetings) have to be sent out within 14 days by law.
Then you order the manager that the next AGM will be held in the evening at a time that suits the majority of owners rather than them.
If he refuses, sack him. The tail must not wag the dog.
Hi Jimmy,
I have an easy question (this time) on the topic of AGM meetings:
Who is entitled to set the AGM meeting date? The case in hand is that the ExCo has accepted for the AGM to be brought forward by roughly three weeks, but now we realise that we do not have enough time to prepare for it, and would like to delay the AGM for a week or two. Is that the Secretary, the Chairman or the Strata Manager company?
Thanks
19/05/2012 at 4:31 pm #15556@JimmyT said:
It’s legal – just – but is it right? I don’t think so. Firstly, the minutes of the AGM can’t be approved or otherwise until the next General Meeting, so it kind of makes sense that they aren’t sent out until just before … but then how are to people who weren’t at the meeting to know what was decided?In the ACT we have to mail out general meeting minutes within 7 days I think, at least in the case of a reduced quorum meeting (which we almost always have since we get <50% attendence, though >50% take part once proxies are counted). The minutes are formally accepted at the next general meeting but the EC can act on the decisions without having to wait a year, particularly important in the case of the budget for the coming year! Minutes get mailed out again with the next AGM minutes.
But this building manager is only the employee of the Owners, not the other way round and he has to do what they collectively want. So this is what you do, at your next EC meeting (you do have EC meetings, don’t you?) you agree that in future a summary of all General Meeting and EC meeting decisions will be sent out to all owners within two weeks of the meeting. In fact the minutes of the EC meetings (not general meetings) have to be sent out within 14 days by law.
Then you order the manager that the next AGM will be held in the evening at a time that suits the majority of owners rather than them.
If he refuses, sack him. The tail must not wag the dog.
Again, in the ACT, and perhaps in NSW-worth checking-it is the EC who would normally call a meeting, approve the meeting papers and be responsible to ensure proper notice is given etc. It might be the strata manager who copies the papers and stuffs envelopes in practice but the EC should be the ones who are directing the notice to go out with its various particulars by a certain date. Surely the EC can be taken to task if the meeting is not at a convenient time. Certainly our EC was told by those who were not impressed when we made the evening start time earlier by one hour. Certain owners were also very willing to let us know their displeasure when we had the meeting in the local school library one time rather than a local club’s meeting room. So, don’t be shy when you have a reasonable complaint. I’m sure the people with unreasonable complaints are not so shy!
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