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Topic
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Can any owner at a motion to an EGM even if it is changing something that already was voted on by the owners. Does an owner have to be financial to add a motion to an EGM/
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Yes.. an Owner can submit a motion to rescind or amend a resolution taken at a previous General Meeting, and the motion to do that would need to be submitted in writing to the Executive Committee Secretary within a timefame that would permit him/her to include it on the Agenda, and then distribute that Agenda to Proprietors 7 days before the date of the Meeting.
Yes.. an un-financial Owner can submit a motion, but they cannot vote on it at the subsequent Meeting unless they are then financial (i.e. on the day of the Meeting) unless the motion being voted upon is one of the few that requires a unanimous resolution like terminating the Strata Scheme or rescinding an Exclusive Use (Special) By-Law.
Yes Whale I agree with what you say.
BUT
I have grave doubts about the moral legality of an EC overturning a motion passed BY the OC (at last AGM say). I have no problem with the EC overturning one of it’s own motions.
Allowing EC to oveturn AGM motions immediately after the AGM is total misuse of power.
Allowing an OC motion to be overturned by the EC after a few years is ok or after a significent change in circumstance.
KP, the question was about an EGM – Extraordinary General Meeting – which has the same powers as an AGM to alter or revoke previous decisions of the Owners Corp. Maybe you misread it as ECM, an abbreviation for Executive Committee Meeting (in which case you are right – they can’t legitimately overturn decisions by the Owners Corp). Now you know why I hate abbreviations.
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.
Hi Jimmy
I’d better make sure my brain is engaged next time before I start letting my fingers do the shouting.
I didn’t read OP closely enough.
hi Wale,
sorry, I decided to ask you directly instead of opening new topic as my question is close to the one that was discussed here.
May I ask if any decision made/approved on AGM cannot be changed by any means, but only via rescinding the AGM, which implies we must call another AGM to do that. IS THAT SO??
it is so hard to believe it..I was sure that AGM is only once a year and if some of the decisions made there need to be changed, they can be changed on the EGM for they are both General Meetings.thanks in advanceOlych – to clarify, an Annual General Meeting (AGM) is just a General Meeting that the NSW Strata Schemes Management Act (SCMA) states must be held once a year, at a time that’s one (1) month either side of the date that the first ever General Meeting was held.
All General Meetings held at other times are called Extraordinary General Meetings (EGM), are voluntary, are are convened either by a vote of the Executive Committee or at the written request of Owners whose Lots together represent at least 25% of the aggregate units of entitlement (UOE) for the Plan.
So in specific response to your question, if you want to amend or rescind a decision taken at an AGM you can either:
1) Place a Motion to do that on the Agenda for the next AGM; OR
2) Ask Member/s of your Executive Committee to convene an EGM so that you can place your Motion on the Agenda for that Meeting; OR
3) Seek the support of sufficient other Owners whose Lots have UOE totaling at least 25% of the aggregate for your Plan, and have them sign a “petition” calling upon your E/C Secretary to convene an EGM so that you can place your Motion on the Agenda for that Meeting ; OR
4) Apply to the NSW Civil and Administrative Tribunal (NCAT) for Orders to invalidate whatever decision/s of the AGM you have issue with. You must have valid reasons though, such as that you have been adversely affected by the Meeting’s decision, or that the decision only passed the vote because the Meeting was not held properly.
A little complicated, but I hope this helps!
In the corporate world there has been a shift to calling general meetings that are not annual general meetings simply “General Meetings”. That is what they are, general meetings that aren’t annual general meetings.
Unfortunately the Act uses the term “extraordinary” so we are stuck with it.
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