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This question was triggered by a post about AGM decisions never actioned. We have the same issue with aall meetings but also because the minutes of the previous meeting never get around to being confirmed as true and accurate. Instead this is postponed to the next meeting, then the next, then the next! The driver seems to be that if there’s no confirmation of the accuracy of the minutes then the individual resolutions from that meeting don’t have to be actioned.
How often can such resolutons on the accuracy of minutes be postponed or for how long? We have some going back years and effectively have been forgotten about.
- This topic was modified 3 months, 3 weeks ago by .
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We don’t need to overthink this. The Strata Management Act and Regs require “full and accurate” minutes for meetings, and also that the secretary should incorporate a motion to confirm the minutes of a previous meeting. While it is best practice to actually pass a motion that the previous minutes are confirmed, a failure to do so does not make the minutes invalid, though it might open them up more easily to be challenged.
The minutes are a record of the decisions taken by the Owners Corporation. There will be problems if the OC fails to make decisions about matters it is responsible for. There are also problems if the OC makes decisions (and minutes them), but fails to act on those decisions. The two types of problems are essentially the same. Whether the minutes are confirmed would not matter. So any strata committee member, or owner, who thinks that not confirming the minutes will alter the extent of the problem, is deluding themselves. And opening them up to a legal action for negligence in managing the building.
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