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Is it possible to include a motion in a General Meeting (rather than an AGM) to approve levy collection with no increase in NSW.
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Is it possible to include a motion in a General Meeting (rather than an AGM) to approve levy collection with no increase in NSW.
Not sure what you mean? Are you trying to overturn levies set at a previous AGM?
To answer the fundamentals of your question, you can propose any motion for a general meeting whenever you like. That motion must then be put on the agenda for the next general meeting to be held or, if there is enough support from other owners or from the strata committee, a specific general meeting can be organised to discuss the issue.
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.
Sheera, You should read through the entire “Division 2 Contributions by Owners” of the Strata Schemes Management Act (NSW) 2015.
A quick look at Strata Schemes Management Act (NSW) 2015 Section 81 suggests that you can change the levies at a meeting other than the AGM.
Paragraph (2) says “meeting”. There is no specific reference to “annual general meeting”.
If your strata manager or strata committee tells you otherwise, you can refer them to the Act.
Like JT I’m not sure of the full context of your question.
In regards to your motion.
The motion to approve levies is a motion thst is mandated to be on the agenda of the AGM. Whilst the secretary is obliged to put your motion on the agenda, the committee could decide not to do so if they propose a different quantum of levies ( to your proposal).
If you want to not have any levy increase, at the AGM propose an amendment to the levy motion. Youcan then debate the amendment with the other owners, and if enough agree with you, your amendment is passed.
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