- This topic has 3 replies, 3 voices, and was last updated 11 months, 1 week ago by .
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Topic
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Is it possible to conduct an online vote or poll to decide on a special resolution without holding a general meeting?
The issue is that a unit holder needs to get a medically necessary renovation to their bathroom and default rule 1.4 in the ACT requires this to be passed by a special resolution. Our EC (or the SM) has decided that the SM should attend the meeting and then to charge the individual unit holder for the full cost of the meeting. The full cost might include items such as: the SM attending, the SM preparing the agenda, the SM preparing and sending out the minutes. The schedule of fees from the SM bills these at $120 per hour and it all adds up!
Thanks in advance,
Woodwalker
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By definition, you can’t have a special resolution of a general meeting without holding a general meeting. If the matter is uncontroversial, it should be possible to comply with all the requirements of a general meeting – proper notice period, minutes recorded etc – while doing it mostly via absentee and proxy voting.
The EC could avoid imposing a cost on the particular unit owner. They could call and conduct the meeting themselves. It is not complicated. The Act sets out what is needed for a properly convened meeting.
- This reply was modified 11 months, 2 weeks ago by .
I wonder what would happen if an injury was to occur.
I wonder what would happen if the strata committee was threatened with a complaint about discrimination. The Discrimination Act 1991 (ACT) covers discrimination on the basis of disability and age, in areas such as access to premises, provision of goods, services or facilities and accommodation.
You can offer them the carrot of a no-cost general meeting and the stick of a complaint to the Human Rights Commission. See what happens then.
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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