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i think i posted this in the wrong place earlier so i’m re-posting it here.
Errors and omissions in the AGM agenda
1. i received the AGM documents and it looks like number of motions are missing in the AGM agenda and attached documentation sent out (i think they’re missing because the motions are numbered and detailed, and there’s a gap between say motion 12 and the next motion listed say being motion 16).
if motions are missing in the the agenda sent out for an AGM, what is supposd to happen? Does the meeting go on and the motions introduced at the AGM? Or does new documents have to be sent out with the missing motions? and if this isn’t sent out 7 days before the AGM, does the AGM have to be re-scheduled? or do the missing motions have to be delayed til another meeting? I think the missing motions might be to do with strata wanting increased fee.
2. the text in a couple of the motions are significantly incorrect – eg the text refers to a particular unit in the heading and precursor, then halfway down, the text is an unedited cut and paste about a previous unit. the end result is that the motion says for example
motion 16 – Unit 4 drummy repairs
that the OC table and accept … for the works … unit 4
motion 17 – unit 4 drummy repairs
that the OC … raise a special levy …. specific purpose of the repairs to Unit 1 as referenced under motion 16 above
what is supposed to happen? One of these erroneous motions is relevant to my unit. can the error in the motion be amendded at the AGM? or is the motion invalid? if it is invalid, does this mean it has to wait until another general meeting?
apprecaite your help.
PS don’t print this please
thanks
giri
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Call or write to your strata manager now and tell them that the AGM agenda is flawed and that they need to send out a new one immediately or you will object to all the missing and incorrect items at the AGM.
But bear in mind that yours may be the only agenda with missing pages and the intent of the “cut and paste” items may be clear, despite the errors so don’t get on your high horse about printing errors. Your neighbours won’t thank you if they turn up at an AGM and you effectively shut it down.
A phone call should fix this and if they need to reschedule the AGM, that’s their problem, not yours.
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.
I think we have to get away from the all or nothing idea about strata meetings – just because something isn’t 100 percent correct doesn’t mean it’s 100 wrong. If there is a significant error in the agenda that would cause right-minded people to vote one way rather than another, it should be challenged at source. But naming the wrong apartment in a ‘cut and paste’ motion can and should be fixed with with a simple amendment at the meeting, rather than delay the meeting for a couple of weeks so that a new set of paperwork can be 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.
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