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  • #8941
    newlsie
    Flatchatter

      Hello, Our Strata Manager has called an EGM and is wanting the owners to vote on the design of the replacement windows.

      They say the plans of the designs will be presented at the meeting.

      Surely they must send these designs out with the EGM documentation otherwise how can out of town or overseas owners vote?

      Can they legally do this? 

      thanks,

      Newlsie

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    • #19044
      Cosmo
      Flatchatter

        My view is that it would not be the Strata Manager who initiated the EGM and it would have to be someone (either the Executive Committee or an influential member of the Owner’s Corporation who initiated).  

         

        Can the meeting be held legally without sending designs etc, beforehand? If the owners vote without demanding them it would most probably be legal.  

         

        One way of trying to ensure that the designs etc are sent with the EGM documentation is to compel the Strata Manager to include a iitem/motion that no vote be taken without designs etc.  

         

        The StrataMan site at https://www.strataman.com.au/meetings.html#egm  

         

        contains the following information about EGMs.

         

         

        “All general meetings that are NOT Annual General Meetings are called Extraordinary General Meetings and are sometimes referred to as an EGM.

        EGM’s are held:

        • when a special matter (that cannot wait until the next AGM) needs to be considered – such as to authorise major works, raise a special levy, change by-laws, appoint a Strata Manager, etc
        • when a request for an EGM is received by the Executive Committee (EC) from one or more persons eligible to vote and having a unit entitlement value of at least 1/4 of the total unit entitlement for the scheme
        • when there is a majority vote of the Executive Committee for the holding of an EGM

        How to convene an EGM

        EGM’s are convened by the secretary of the Owners Corporation (OC) or the Strata Manager (if one has been appointed) forwarding a notice of meeting to all owners, first mortgagees and covenant chargees, as shown on the strata roll.

        Clear Days Notice

        For every EGM there must be 7 clear days notice given plus time for postage (if the notice is being mailed).

        The agenda for the Extraordinary General Meeting

        The agenda for the EGM usually consists of some specific matters raised by the EC or the OC that require discussion or decisions and can’t wait till the next AGM.

        How to include an item on the agenda of an EGM

        If you are eligible to vote at an EGM, you may give written notice of the matter to the secretary of the EC, keeping in mind the number of clear days notice required for this type of meeting.”

         

         

        As with most matters I recommend talking to other owners who may share the same concerns as yourself.

         

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