AGM - adding items | Strata Committees | Flat Chat Forum: Your Questions Answered
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You can do so in theory if there is enough time for the additional motion to be placed on the agenda and mailed out to owners at least a week before the meeting.
Our Managing Agent invites owners to submit motions at least a month before each AGM, if you had this opportunity beforehand then it would be unreasonable to expect your request to be granted unless it was a very significant issue. Unfortunately many motions may be of a trivial nature which can be readily addressed by the Executive Committee or managing Agent without taking up precious time at an AGM.
From the Strata Scheme Management Act Schedule 2
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.
Once you have been served your notice then that seems to be that and you cannot add extra items even if time permits.
One way to add an extra item would be if there is 100% attendance at the AGM and there is a unanimous vote to a procedural motion to include the extra item – it is not “legal” but it would be the “will of the OC” and in some cases this sort of procedural indiscretion is tolerated if ever questioned because the whole OC was party to it.
You can not add motions to the AGM agenda once the notice of meeting has been issued.
The OC must provide 7 clear days notice for a general meeting which means that you must also allow 4 working days for postage to all owners.
The best thing to do if you want to have a motion included on the AGM agenda is forward the motion to the strata manager/ secretary and requesting it be included in the agenda of the next general meeting.
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