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Our new strata manager advised us last week that all lot owners require to be notified of a proposed Executive Committee meeting individually by mail (email?) 72 hours before having the EC meeting.
The previous strata manager had advised us that we could place the Agenda on our Notice Board 72 hours before commencement date/time of the meeting and that this action met the Strata Act’s requirements of giving notice of a proposed EC meeting. Our Agenda ALWAYS stipulates that everyone is welcome to these meetings. After the meeting we place a copy of the draft Minutes (they are ratified and signed at the next meeting) on the same Notice Board. Again, according to our strata manager, did we then comply with the requirements of the Strata Act.
Should the Notice have to be sent to each Lot owner, when does the 72 hour notice period commence (i.e what is the latest day/time the notice can be dispatched (by mail or email) to the lot owners? And do the draft Minutes have to be sent to each lot owner after the EC meeting is held?
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The Act says that if the scheme has a noticeboard, then notice of an EC meeting must be placed there 72 hours before the meeting. In that case there is no requirement to send the notice to owners individually. The same goes for the minutes – they can just be put on the noticeboard.
When you think about it mail wouldn’t work because there is no guarantee mailing a notice would be sufficient within the 72 hours. The Act as it is doesn’t recognise email for that purpose.
Your strata manager is wrong and it sounds like you have been doing things well.
72 hours is calculated from the meeting so if the meeting is on Tuesday at 6.30 then notice has to be posted on the noticeboard by 6.30 Saturday.
@scotlandx said:
The Act says that if the scheme has a noticeboard, then notice of an EC meeting must be placed there 72 hours before the meeting. In that case there is no requirement to send the notice to owners individually. The same goes for the minutes – they can just be put on the noticeboard.Unless of course the strata scheme has 100+ lots then the notice and minutes must be posted to all owners but this can be by email for those owners who have given the owners corporation their email address for that purpose.
For service of notices sent by mail you must allow 4 business days postage. You can however hand deliver the notice thus negating the need for the postage delay.
Also, strictly speaking, the notice board clause only applies if the owners corporation is required by the by-laws to maintain a notice board. This standard by-law dropped off of the regulations model by-laws back around 2000 (I think).
So… your strata manager is quite possibly correct.
Schedule 3
Part 2 Provisions relating to meetings of executive committee
6 Notice of executive committee meetings
(1) An executive committee of a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by giving written notice (which may be done by electronic means) to each owner and executive committee member, and
(b) if the owners corporation is required by the by-laws to maintain a notice board, by displaying the notice on the notice board.
(2) An executive committee of a strata scheme that is not a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by displaying the notice on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, by giving written notice (which may be done by electronic means) to each owner and executive committee member.
(3) The notice must specify when and where the meeting is to be held and contain a detailed agenda for the meeting.
(4) A notice may be given to a person by electronic means only if the person has given the owners corporation an e-mail address for the service of notices under this Act and the notice is sent to that address.
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