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We had an AGM scheduled for mid year (with an agenda issued), but the Secretary cancelled/deferred it due to COVID lockdowns. It has now been rescheduled for mid December when restrictions are removed.
A number of issues have arisen in the meantime, which I submitted to the Secretary for inclusion in a revised agenda, but they are declining to do so claiming the original agenda has to stand. I suspect it more to do with avoiding some of the issues raised.
Is there any precedent for establishing the validity of an agenda?
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Assuming the agenda for the revised meeting date hasn’t been issued, the question is whether this is a new meeting or or the same meeting as before.
Unless the meeting took place at the time and date on the agenda, and then suspended to a later date, you’d be tempted to think this is an entirely new meeting with a new agenda. That takes us to the rules for motions which are set out in Section 4 of Schedule 1 of the Act (see below).
As you will see from 4 (4), items that miss the deadline – which is the issuing of the official notice of the meeting and distribution of the agenda – must be included in the next meeting agenda after that.
If your agenda has been issued, you’ve missed the boat and there doesn’t appear to be any legal basis for forcing motions to be included.
If nothing else, this is a salient reminder to us all to submit motions in writing (with a maximum 300-word explanation) for consideration at the next general meeting which might easily occur before the next AGM if, for instance, someone needed by-law approval for a renovation.
But, in summary, if your AGM agenda hasn’t been issued, your written motions must be included. Otherwise, submit the motions in any case, in the knowledge that they must be included in the next general meeting.
4 Inclusion of matters on agenda(1) Any owner, or any person entitled to vote at a general meeting of an owners corporation, may require a motion to be included in the agenda of the next general meeting of the owners corporation.
(2) The requirement is to be made by written notice given to the secretary of the owners corporation that—
(a) sets out the required motion, and
(b) states the name of the person making the requirement, and
(c) includes an explanation of the motion of not more than 300 words in length.
(3) The secretary must give effect to the requirement.
(4) However, if the requirement is made after notice has been given of the meeting, the secretary must include the motion in the agenda for the next subsequent meeting.
(5) An owner or a person may make a requirement even if the owner or person cannot vote because the owner is an unfinancial owner.
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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