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19/06/2011 at 1:12 pm #7460Anonymous
Dear Jimmy, we need to know the rules around the calling of an extra-ordinary General Meeting of the Owners Corporation. I assume such a meeting is called by a majority vote of the Executive Committee. Is this correct and are there any other grounds for, or ways of ‘calling’ for, an extra-ordinary General Meeting ?
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19/06/2011 at 1:55 pm #13014
Yes, a simple majority decision by the EC or, failing that, the combined written and signed request by owners holding at least one quarter of the unit entitlements in the building.
This is what the Act says:
Division 3 Special provisions relating to procedure for meetings other than first annual general meeting
31 When general meetings of owners corporation are required to be held
(2) A general meeting of an owners corporation (in this clause referred to as an extraordinary general meeting), which is not an annual general meeting, may be convened by the executive committee at any time.
(3) The secretary of an executive committee or, in the secretary’s absence, any member of the executive committee must convene an extraordinary general meeting as soon as practicable after receiving a requisition for such a meeting signed by one or more persons entitled to vote in respect of one or more lots, the unit entitlement or the sum of the unit entitlements of which is at least one-quarter of the aggregate unit entitlements.
'As soon as practicable' means given enough time to send out notices and agendas and organise somewhere to hold it. It doesn't mean when it's convenient for the secretary, chair, or strata managers.
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.
19/06/2011 at 4:28 pm #13017AnonymousThanks Jimmy, in this case a troublesome minority are misrepresenting the facts for their own ends. The matter in question (the use of a common property basement area) has already been the subject of an extraordinary General Meeting and their motion was not carried. This was about one year ago. How often can a single issue be revisited by calling for another extraordinay General Meeting – there must be some limitation on this procedeure ? Also – can a new Executive Committee overturn a decision of a previous one ?
Muffin
21/06/2011 at 7:27 am #13029AnonymousHi Jimmy, can we get your opinion or if anybody else has some comments on this it will be greatly appreciated.
Rgds
Muffin
28/06/2011 at 8:38 pm #13076AnonymousHi Jimmy,
Can a proxy which has been provided for 2 Annual General Meetings be used for an Extra Ordinary Meeting? We recently had the AGM and one of the other owner gave me their proxy for 2 years or 2 AGM (this year and next). Two owners has since organised a Extra Ordinary Meeting for next week and I was wondering if the proxy which I got for the AGM is valid for the next EGM.
Kind Rgds
Muffin
28/06/2011 at 11:12 pm #13077Last question first. The standard proxy form as issued by Fair Trading says this:
The appointment cannot have effect for more than 12 months or 2 consecutive annual general meetings, whichever is the greater.
So if you are between the first and second AGMs for which you were given the proxy and and it's been less than a year since you got it, it can still be used. They can't give it to you for two years – just two AGMs. Otherwise, the only thing to stop you is if the owner assigned another proxy to someone else or turned up to the meeting in person.
An EC can overturn a decision of a previous EC – but not a decision of the Owners Corporation at a general meeting.
Regarding the same issue coming up again and again, you can propose an amendment for the EGM that this matter not be revisited by the EC before the next AGM. If the Owners Corporation agrees to this, then the Chairman must rule any attempts to revisit this again 'out of order'.
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.
30/06/2011 at 8:24 pm #13111AnonymousHi Jimmy,
Thanks for your previous answer. The unit where my partner and I live is in my name only. In this situation, can my partner, who lives with me full time and is fully informed on all matters relating to the Strata and Body Corporate issues, represent me and speak on my behalf at an Extra Ordinary General Meeting. I want to make sure that my proxy vote given to him will count as my own and that there is no problem doing this.
Kind Rgds
Muffin
30/06/2011 at 10:07 pm #13114As long as you use the correct form (which you can download from the Essential Links page, if the strata managers don't send one out), you can nominate anyone you want to speak and vote on your behalf.
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.
01/07/2011 at 8:14 am #13117JimmyT said:
As long as you use the correct form (which you can download from the Essential Links page, if the strata managers don't send one out), you can nominate anyone you want to speak and vote on your behalf.
I think Jimmy makes an important point. Many people seem to think they can only appoint their strata manager as proxy – possibly because that's who you're encouraged to believe acts on your behalf.
In fact, in some cases it's illegal for the strata manager to act as proxy – ie when it affects their financial interests.
Recent experience of organising an EGM – to sack an incompetent strata manager – gave us a chance to build communication with unit owners and devise our own proxy form. It was the best attended general meeting we've had in years, if not ever.
Good luck with yours!
02/07/2011 at 9:10 am #13128AnonymousMe again Jimmy,
My neighbour who is an owner has proxies for two other owners for the next EGM. My neighbour may not be able to attend the meeting and would like to give me his proxy. Would this mean that I also have the proxies from the other two owners? Is this allowed? or would I need to ask the two owners who has provided the proxy to my neighbour to give them to me? How does this work?
Kind Rgds
Muffin
02/07/2011 at 4:23 pm #13131AnonymousOur usual proxy form has a space to name the proxy followed by 'or failing him/her the chairperson' which you can cross out if you don't want that and you can write in another name. So, you might nominate your neighbour on one side but failing him your neighbour on the other side but failing her the chair.
The form also has the option to let the proxy vote how ever they like or only as directed on the form for the notified motions. There has been at least one occasion when I carried a proxy directing me to vote no on a motion while two others directed me to vote yes on the motion. Consequently I held up one 'no' card, two 'yes' cards plus my own vote.
03/07/2011 at 8:14 am #13133I don't think the “or the chair” option is on the standard form as issued by Fair Trading nor should it be (although it's not illegal). I simply encourages 'blind' voting which is generally a bad thing.
To get back to Muffin's point. You can't assume that a proxy given to one person can then be transferred to another proxy – unless perhaps you had “or their proxy” on the form as Peter C describes.
In any case, you don't have that so it's a question of getting the original proxies reissued in the name of the person who will actually be at the meeting. It sounds like it's going to be quite controversial meeting so all this paperwork has to be watertight and a proxy of a proxy certainly isn't that.
New proxy forms properly signed and dated supersede any previous proxies issued.
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 8:53 am #13136AnonymousThanks Jimmy for clarifying this point. This is my way of thinking too but wanted to make sure I was in the right track.
Kind Rgds
Muffin
03/07/2011 at 10:54 am #13138AnonymousHi Jimmy, can any additional motions (assuming they have enough support – 25% ?) be put forward during an EGM or is it restricted to Agenda motions only ?
Also if an owner or their Agent has not been notified of a meeting at all, can their vote be used by proxy either by the Agent or someone he gives it to. In this case the owner is elderly and in a rest home and has no family here to represent her. She has all her faculties and the agent seems to be an honest person who is doing the right thing by her – but since her vote has become crucial to the outcomes of an EGM we feel that her vote is being misused by interested parties, eg. Our Strata Manager, who seems to be attempting to pre-empt the outcome of this meeting, has informed us by phone that a certain person has been given this vote. I have spoken to the Agent face to face and he has told me that he has recieved no Notification or Agenda for the meeting. This was on friday and the meeting is to be held on tuesday. Something is wrong here !!!
Muffin
03/07/2011 at 11:30 am #13140A general meeting can only discuss items on the agenda. Amendments to those motions have to be relevant to the original motions.
Proxies are normally provided for a period of time up to a maximum of one year (which is assumed if there is no restriction stated in the proxy). Those proxies are valid whether or not the owner has been notified of the meeting.
The simplest way to resolve this is for the agent to go and get this lady’s proxy. Even if she already signed one over to the Strata Manager, any new one – as long as it’s valid – will supersede all previous ones.
I wouldn’t get too hung up on who received what and when. No CTTT adjudicator in their right mind is going to declare a meeting invalid because one person says they didn’t receive due notice.
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 4:18 pm #13142AnonymousOK…but if the owner or her agent is not informed about what is on the agenda etc how can they make an informed decision about the voting or who to give the proxy to ? Its amost certain that the the facts of the situation have been mirepresented to the Agent in order to get this proxy but it hasnt been 'given' to anyone yet so the question is: is the proxy vote still valid where the owner or Agent has not been notified of the meeting ?
Muffin
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