› Flat Chat Strata Forum › Strata Committees › Current Page
- This topic has 7 replies, 2 voices, and was last updated 13 years, 8 months ago by .
-
CreatorTopic
-
02/07/2011 at 9:27 am #7483Anonymous
Hi Jimmy,
What is the procedure for correcting omissions or errors in the minutes from an AGM or EGM.
Kind Rgds
Muffin
-
CreatorTopic
-
AuthorReplies
-
02/07/2011 at 4:15 pm #13130Anonymous
One of the first things on the agenda at any of our AGMs is acceptance following any corrections of the minutes from the previous AGM and any other general meeting that might have occurred during the year.
Peter.
02/07/2011 at 7:10 pm #13132AnonymousHi Peter
We shouldn't have to wait for a year to correct omissions or errors from meetings. It should be done soon after one receives the minutes. I did this recently and was told by the Strata Manager that the point I raised in the meeting was just discussion although it was not. Another owner responded that one owner alone can't request that minutes be updated to reflect what was discussed. I think both the Strata Manager and the owner making the comment are incorrect. Meetings should be soon after omissions have been made. I have asked Jimmy to let me know what the procedures are.
Kind Rgds
Muffin
03/07/2011 at 8:24 am #13135Peter's right, you can only correct minutes of a general meeting at another general meeting and for most strata blocks that's the next AGM.
However, if you think the decisions of a meeting have been seriously misrepresented in the minutes, then you can have this noted at an Executive Committee meeting – it will then at least be on the record – and then, if need be, call an Extraordinary General Meeting, to correct them (and sack the person responsible, perhaps?).
For instance, if the minutes were issued with a different budget from what was agreed at the AGM, becasue the secretary and chair wanted to spend less or more money than the rest of the owners, then you would call an EGM to correc t them.
However, if there has been a genuine mistake, ands there is a general consesus that that's the case, you can ask for the minutes to be reissued to correct this and that can be done but you wouldn't do this over a trivial matter since it is quite an expensive exercise.
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.
03/07/2011 at 9:10 am #13137AnonymousJimmy,
Can minutes from an EGM be corrected at an AGM or vice versa? or do they need to be corrected at each corresponding meeting? (AGM at next AGM and EGM at the next EGM?). Also, is there a % of people who will need to object to the accuracy of the minutes or can one owner put the objection forward.
Muffin
03/07/2011 at 11:15 am #13139JimmyT said:
Peter’s right, you can only correct minutes of a general meeting at another general meeting and for most strata blocks that’s the next AGM.
However, if you think the decisions of a meeting have been seriously misrepresented in the minutes, then you can have this noted at an Executive Committee meeting – it will then at least be on the record – and then, if need be, call an Extraordinary General Meeting, to correct them (and sack the person responsible, perhaps?).
We did just as Jimmy said: at our meeting, the Executive Committee noted the error in our AGM minutes, then we corrected them at an EGM a couple of months ago. We made a formal complaint (not just about the AGM minutes) to our then strata manager, who we later sacked at the EGM. Hopefully our new strata manager will actually follow up on what they’re asked to do.
One thing I’ve noticed in strata land is that many unit owners don’t actually bother to read their AGM minutes – and, in many cases, find them hard to understand.
In our complex failure to check the accuracy of AGM minutes over several years resulted in disagreements between the owners’ corporation and the then strata manager – who revelled in telling owners what’s technically their fault, while not lifting a finger to help solve the resulting problems.
Now we may have a new strata manager, but we also have some huge maintenance jobs to sort out. Had we been more proactive about the record keeping, we may not have ended up in our current position where we’ll either have to raise a special levy or get a loan for the strata scheme.
03/07/2011 at 5:14 pm #13148AnonymousThanks Gildal for your input and feedback, however this still doesn't answer the question whether minutes from an EGM be corrected at an AGM or vice versa? or do they need to be corrected at each corresponding meeting? (AGM at next AGM and EGM at the next EGM?). Also, is there a % of people who will need to object to the accuracy of the minutes or can one owner put the objection forward. I will let Jimmy respond to this.
Kind Rgds
03/07/2011 at 5:28 pm #13149A general meeting is a general meeting so an EGM can correct the minutes of an AGM and vice versa.
Theoretically, and ONLY theoretically, it's the same people who were at the first meeting and they are the only ones who can tell if the minutes are accurate.
A simple majority can decide if and how the minutes should be amended.
A single person at the meeting can propose that the minutes not be accepted (standard business at the beginning of the meeting is to approve the minutes of the previous meeting) but you need 25 percent of owners or a majority of the EC to call the EGM in the first place.
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.
-
AuthorReplies
- You must be logged in to reply to this topic.
› Flat Chat Strata Forum › Strata Committees › Current Page