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  • #78243
    Mailbox
    Flatchatter

      Our strata manager has set a date for our AGM but we want to delay it.

      Is it possible to delay a general meeting once the notice has been issued, and what are the key legal considerations?
      – Are there specific provisions in the Strata Schemes Management Act 2015 that support a request for delay in our specific circumstances?
      – What would be the most effective way to communicate our request to Netstrata, and what kind of documentation would be helpful?

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    • #78251
      Quirky
      Flatchatter

        This is NSW, I assume. The AGM must be held once in each of the building’s financial years. This is not the regular financial year (1 July to 30 June), but each strata building has its own – and working out what this is, is not easy (and can be changed – but that’s another topic). The AGM can be held any time in that period, at the beginning or end. But the building’s financial reporting requires the next year’s be delivered within a period  (3 month from memory) after the end of the building’s financial year, which usually is attached to the AGM agenda. But in summary, the date of the AGM is normally set around the same time each year, just after the building’s financial year ends, but can be moved practically anywhere, if the secretary or SC wants to.

        The meeting procedures for general meetings are set out in Schedule 1 of the SSMA. Once the agenda is sent out, you can’t add items to it, and the agenda specifies the date and time of the AGM – and at least 14 days clear notice must be provided.

        So if your strata manager has set a date for the AGM, you can attend and ask for an adjournment, and if the other attendees approve, then that happens. But your chair will set the new date, but is usually amenable to suggestions from attendees.

        A general meeting can be called at any time, either by the secretary, the strata committee, or a quarter of the owners. So if a decision it made at the AGM – or some matter is not on the agenda, then another general meeting can be called (often called an “extraordinary” general meeting) to fix the matter. These work like AGMs, although only 7 days clear notice is needed to issue the agenda.

        The meeting can only proceed if there is a quorum of owners present (in person or by proxy), which is generally a quarter or more of owners able to vote, and a half hour is allowed after the official start time to collect them. So if not enough owners attend, the meeting can be adjourned for at least 7 days. This depends on the chairperson, or they can proceed with the meeting with those present. At the adjourned meeting, whoever attends decides the meeting.

        Item #20 of Schedule 1, allows the meeting to be adjourned until a later date, and this requires the meeting to pass a motion, by majority vote, with the chairperson choosing the new day.

        So you can attend the meeting, and request an adjournment to a later date. If the majority of owners present approve this, then that will occur.  Note that the agenda is not changed.

        You haven’t mentioned why you want the date of the AGM changed? If it’s to allow you to attend, but there’s something preventing this, then you should provide a proxy to another person to attend in your place. Note there are rules for submitting a proxy, so check the form if properly filled in. Nowadays, strata AGMs are often conducted electronically, via Zoom or the like, so check if this is available for you, with your strata manager or secretary. You can also attend via telephone – arrange someone to bring their phone to the meeting and you attend via speaker…
        Electronic attendance isn’t automatic; the owners must consent. And be careful that you are financial – if not, then you can’t vote, but you still contribute to the quorum count.

         

        #78277
        Jimmy-T
        Keymaster

          What would be the most effective way to communicate our request to Netstrata, and what kind of documentation would be helpful?

          Netstrata probably won’t listen anyway, because it’s in their business model to do what best suits them, in the belief that what’s best for them is best for their clients.  In any case, you may already have signed away your rights to run your scheme under a full delegation clause in their standard contracts.  You can legally resume control but they might not give it up without a fight.

          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.
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