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This strata game has me flummoxed and this post maybe in the wrong topic, but here goes.
I made it known verbally and in emails to my Executive Committee and Strata Manager that I would like to put an item on the agenda for my strata’s Annual General Meeting which I knew had to occur a month or so either side of the middle of May.
I asked to be told the date my item was required to be submitted by and I was assured I would be notified but I was not and to my surprise I received the AGM agenda for the meeting on May 6, today.
My wish cannot have simply been overlooked as there has been a fair bit of discussion around my item. It is a little controversial to some and but very sensible for most; you’ll just have to trust me on that. I believe it’s a deliberate ambush.
Is there anything I can do, now, to have my agenda item included in our AGM. We’re 36 units in NSW.
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Merrick – if you actually prepared and submitted a Motion for the Agenda as opposed to just flagging that intention, then even though the time frame is tight the Secretary has the ability to provide that to everyone on the Strata Roll as an additional Motion provided each receives it a minimum seven (7) days in advance of the Meeting (i.e. by this Wednesday).
However if you only “made it known” then your Secretary (possibly the Strata Manager if that role’s been delegated to them) could use that as a plausible excuse for not including your desired Motion in the Agenda.
It’s difficult, but your best option is to try to initiate discussions on your proposed Motion in the context of discussions on one that’s closely related to it, or depending upon the delegation required try to have it included on the Agenda for an Executive Committee Meeting.
I agree with Whale. The EC might have been well aware that you had flagged an intention to do something but, perhaps, from their point of view, you had not actually done anything yet. IE In spite of some discussion around the idea, you had not produced a motion (perhaps along with a background statement explaining what it is about and why you think it is a good idea). If they are not in favour of your idea, they might have been relieved when no motion from you eventuated, even though you knew the AGM was due soon. They might not have felt any need to prompt you if you they knew that you knew that the meeting had to be a month either side of the middle of May, and it was indeed called for 6th May which is only a week before the middle of May.
In the ACT there is a mechanism by which an owner can call a general meeting. Perhaps NSW has something similar (others can advise on that) and perhaps you could use that provision if the incoming EC won’t call a meeting later, just for your proposal.
ACT’s UTMA 2011 Sch. 3, section 3.5 “…if the executive committee of an owners corporation receives a written request (a meeting request), stating the matters to be considered at the meeting, from people who are entitled to vote on all motions for units whose combined unit entitlement is at least 1/4 of the total unit entitlement in the units plan…The executive committee must hold a general meeting … within 28 days after the day it receives the meeting request…”So, you might not need to wait for a year to put your idea. It might be better to raise it for discussion under ‘Other business’ at the AGM if there is such an agenda item and then plan to make sure you have the numbers and then request a general meeting later.
For most owners, I would guess, they don’t yet know about your proposal so perhaps it is better to talk to enough of the other 35 owners to be reasonably confident that you can call a meeting and have support from people who understand your proposal (whatever it might be!).
Merrick & Peter – YES there is a mechanism in NSW whereby a minimum 25% of Owners, as determined from their collective unit entitlement (UOE) and the aggregate UOE of the Plan, can “requisition” the Secretary to convene an Extraordinary General Meeting (EGM).
So Merrick, if those who’ve been discussing the matter comprise at least nine (9) Owners, then depending upon the sum UOE of their Lots and the importance of the missed Motion, the following section of the NSW Strata Schemes Management Act (1996) would be another means to have that Motion decided:
Schedule 2 Cl.31(3) The secretary of an executive committee or, in the secretary’s absence, any member of the executive committee must convene an extraordinary general meeting as soon as practicable after receiving a requisition for such a meeting signed by one or more persons entitled to vote in respect of one or more lots, the unit entitlement or the sum of the unit entitlements of which is at least one-quarter of the aggregate unit entitlements.
Just a thought…. if you can get your Motion to the Secretary tomorrow (Mon), they may be suitably motivated to get that out as an additional item on the Agenda if you mention that you and other Owners will otherwise requisition and EGM just for that purpose!
If you are broadly in support of the proposals but concerned that they might just be a bit half-baked, but the proposals might get up at the general meeting, you could propose an amendment to the motions.
Usual meeting procedure would say that the chair should only allow motions to amend a motion to be put to the meeting if they would not change the ‘basic intent’ of the motion.
So, let’s say, after some discussion, it becomes clear that the proponents are reasonably confident the proposal should cost no more than $X,000 and happy to have such a limit. Then you could propose an amendment that would add to the motion, ‘…subject to quotes being obtained for the work and the accepted quote not exceeding $X,000’
Similarly, you could add other caveats like ‘…subject to confirmation of X by (a relevant expert)’ or ‘…subject to the structure not extending beyond (some dimension or location or whatever).’ or ‘… and painted to match the building’.
Otherwise, you could speak in opposition to the motion emphasising that you oppose only because the proposals are half-baked. You could encourage owners to vote no on the grounds that the motions should be returned to another general meeting soon once quotes have been obtained and other details provided. If you offer to help develop the proposals appropriately, then your action is more likely to be seen as constructive and more likely to be supported. Thank those who have developed matters this far etc. Remember that the EC are volunteers who might be doing their best at a thankless task.
Merrick – if the proposed works on the Common Property will involve any alteration or addition to, or the erection of any new structure on that property, then that requires a special resolution as opposed to an ordinary resolution, the difference being that for the former to pass at least 75% of those entitled to vote at the Meeting (including proxies) would need to do so in favour, with that percentage being determined from the units of entitlement (UOE) of those voting in that way and the aggregate UOE of all those at the Meeting (i.e. a poll vote).
So if the Motions that you’re concerned about are shown on the Agenda as ordinary resolutions requiring a min. 51% to pass, such as “That the Owners Corporation resolves etc” as opposed to “That the Owners Corporation specially resolves etc”, then they’re out-of-order and any vote on those would need to be deferred (i.e. to another General Meeting); Schedule 2 Clause 35(2) of the Act applies.
This may be another way to defer any decision until such time as Owners have an opportunity to more properly consider the proposal; Section 65A (1) of the Act applies.
While this has probably been dealt with and good advice given, it is best (in my opinion) to try to be ahead on the game where EC members are trying to not get Motions up at General Meetings, and so you proposing a motion to the Secretary of the EC well in advance of the AGM would be prudent.
Refer below: (Schedule 2 Extract)
36 Requisition for motion to be included on agenda for general meeting
(1) Any person entitled to vote at a general meeting of an owners corporation on a motion that does not require a unanimous resolution may, by notice in writing served on the secretary of the executive committee, require inclusion in the agenda of the next general meeting of the owners corporation of a motion set out in the notice and the secretary must comply with the notice.
(2) The secretary must give effect to the requirement of the notice.
(3) Subclause (1) does not require the inclusion of a motion on the agenda of a general meeting for which notices have already been given in accordance with this Schedule but in that case the motion must be included in the agenda of the next general meeting after that.
(4) For the purposes of subclause (1), an owner of a lot who, but for the fact that the lot is subject to a mortgage or covenant charge, would be entitled to vote at a general meeting of the owners corporation is entitled to vote at that meeting.
It would be appropriate to copy the Strata Manager to make sure they get it on the agenda, if they are responsible for preparing the agenda. The fact that in Schedule 2 36(1) states that the secretary MUST comply is important.
Hope this is also of value.
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