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  • #10352
    drfingerless
    Flatchatter

      If a majority of owners wish to vary the sinking fund levy due to an unexpected change of circumstances do we have to wait for the next AGM or is there a way to convene a Special General Meeting and vary the amounts due to be paid?

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    • #24592
      scotlandx
      Strataguru

        What you are looking at is raising a special levy, which is different to the annual strata levies.  So you are not varying the annual strata fees, you are imposing a special levy that is additional to the annual levies.

        To raise a special levy you need to hold an extraordinary general meeting for the owners to approve that special levy.  Note that you need to follow certain requirements to requisition the meeting, and the motion to approve the special levy should have all the information necessary for the owners to be informed about the circumstances that require it.

        Note that you can also put a motion to raise a special levy at an AGM, it’s just that an EGM is a different meeting to the AGM.

        #24594
        drfingerless
        Flatchatter
        Chat-starter

          Thanks Scotlandx for your advice. What I had not specified is that we wish to reduce the sinking fund levy on account of new information that has come to light. If the entire body corporate is in agreement that we wish to do this, are we still obliged to wait until the next AGM to do so, or is there another mechanism for making this kind of adjustment without the nine month wait?

          #24595
          Sir Humphrey
          Strataguru

            I assume you have found that the maintenance cost for something is likely to be less than expected when your sinking fund plan was adopted.

            [You do have a sinking fund plan, don’t you?]

            Why not just stick with the agreed levies for this year? Then next year, in the light of the new information, the AGM can pass a resolution to amend the sinking fund plan. Part of that amended plan would be a revised schedule of anticipated levies for each of the remaining years of the plan.

            The money from this year’s contribution would not be lost. It can just sit in an interest-bearing account and slightly lower levies will be required in each of the next several years. 

            #24596
            drfingerless
            Flatchatter
            Chat-starter

              Thanks for your advice PeterC. Yes we have a sinking fund plan. There is a good chance that the building may be demolished as part of a redevelopment so we don’t want to keep pumping money into a sinking fund for no purpose. I was just trying to find out if there was a way to dramatically reduce or cease the contributions to an already healthy sinking fund (we know we must keep up our admin fees) without waiting for 9 months. Would save us all a few thousand dollars this year.

              #24597
              Sir Humphrey
              Strataguru

                In the ACT, where I am, you can amend the sinking fund plan at any general meeting. I also can’t see anything that would prevent a general meeting from amending the budget resolutions, including reducing the remaining levy payments, between AGMs. If it is the same where you are, I think you could change your financial arrangements in the light of the changed situation. The general meeting would have to satisfy all the usual requirements for giving notice etc. If you need a particular class of resolution for your budget decisions  at the AGM (eg. a special resolution), you would need the same class of resolution to amend those resolutions at this later general meeting. [In the ACT we went from needing a special resolution to only ordinary a few years ago.]

                #24599
                Whale
                Flatchatter

                  Just to confirm that same procedure exists in NSW, where the Executive Committee (secretary or the strata managing agent if so delegated) can convene an Extraordinary General Meeting (EGM) to consider a resolution (determined by a simple majority vote) to amend contributions to the sinking fund on and from a specified date, or if the E/C is not amenable then drfingerless and like-minded owners who together hold ≥25% of the aggregate units of entitlement for the scheme can petition the Secretary to convene such a Meeting as soon as practicable.

                  Even though the EGM may be convened to consider one (1) motion only, the same requirements regarding the provision of an Agenda to all owners and similarly the recording & distribution of Minutes for an Annual General Meeting apply.

                  #24600
                  Sir Humphrey
                  Strataguru

                    Ditto. In the ACT, the EC can call a general meeting any time it likes (subject to proper notice etc). Alternatively a petition by at least 25% of owners specifying the matter to be decided can require the EC to call a meeting. 

                    #24601
                    drfingerless
                    Flatchatter
                    Chat-starter

                      Thanks to both of you PeterC and Whale for providing the information I needed. As I am in NSW, could you, Whale, point me to the source of your comments? I looked in the Strata Schemes Management Act 1996 but couldn’t find this kind of detail.

                      #24602
                      Whale
                      Flatchatter

                        Schedule 2 Sect 31 applies, and specifically Clauses 2 & 3 where it states:

                        (2) A general meeting of an owners corporation (in this clause referred to as an “extraordinary general meeting” ), which is not an annual general meeting, may be convened by the executive committee at any time.

                        (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.

                        Part 3 of the Act prescribes how budgets and resultant levy contributions are calculated and raised, and whilst Sect 75 refers to these matters being determined at each Annual General Meeting, that’s merely because they’re nominally annual deposits, and it’s permissible to recalculate those in the circumstances that you’ve described and to resolve to amend the amounts at an Extraordinary General Meeting.

                        #24603
                        drfingerless
                        Flatchatter
                        Chat-starter

                          That’s great. Thanks Whale!

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