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Adjourned AGM
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Whoopi
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30/11/2018 - 4:59 pm
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 Hi Flatchatters

 

 NSW. So we had an AGM scheduled for a couple of weeks ago. 17 votes were  in the room for the AGM, The Strata manager said she had proxies in her possession but did not reveal how many. She said we would wait half an hour to see if more turned up.  No one did. We suspected a choreographed cancellation. The SM said we would not get a Quorum at this time of the year for another AGM. The meeting was adjourned for several months time. There were big ticket items in the budget that needed to be addressed including special levies and  significant levy increases.

Now, one of the motions on the AGM agenda was a by law for a reno. This has been plucked from the original AGM agenda for an EGM in two weeks time. It will also be held at 9am in the morning. I guess they reckon they will get a quorum for that one. The committee control a lot of company nominees and proxies. The quorum revolves around them, very few other owners show up.

 The agenda for this EGM has the minutes of last years AGM not the minutes of the adjourned AGM from two weeks ago with who were present including proxies.

My question is if an AGM does not achieve a quorum should there be minutes recording this and who was present and how many proxies were held and a motion passed to record the adjournment of this AGM including the date of the re convened one.  What records/minutes of these cancelled meetings are obligatory?  If at all?

 Thanks Flat chatters for any advice

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scotlandx
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06/12/2018 - 2:54 pm
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You don’t say how many lots there are in your scheme, so it’s not clear whether or not you might have had a quorum.

The Strata Manager should have declared the proxies that she held – that is standard procedure, and it needs to be stated so it can be recorded in the minutes. 

In terms of adjournment – where a meeting is adjourned, it must be adjourned for at least 7 days. If on the date for the reconvened meeting you still don’t have a quorum, the meeting can proceed – this is set out in Schedule 1 of the Act – so it doesn’t matter whether or not you could get a quorum in December.

So now an EGM is being called – essentially there is no difference – if you can hold an EGM, you can hold an AGM, can’t you – they are both general meetings? The same considerations regarding proxies apply, however if there is no quorum at the EGM then you can’t proceed (because it is a different meeting), whereas if you held the adjourned AGM, you could (hope that makes sense).

There are no minutes of the adjourned AGM, because it has not been completed yet – however, you are within your rights to ask for details of the proxies held by the manager. The manager should have prepared draft minutes which would not yet be finalised, because the meeting has not been completed.

In relation to your comments regarding proxies controlled by the Committee – you are aware that there are limits to how many proxies can be held?

Your manager sounds like a crock.

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Jimmy-T
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Whoopi said
NSW. So we had an AGM scheduled for a couple of weeks ago. 17 votes were  in the room for the AGM, The Strata manager said she had proxies in her possession but did not reveal how many. She said we would wait half an hour to see if more turned up.  No one did. We suspected a choreographed cancellation. The SM said we would not get a Quorum at this time of the year for another AGM. 

Just to clarify what ScotlandX has said above.  The general meeting should not have been adjourned, it should have proceeded with those present declared a quorum after half an hour.  Your strata manager either doesn’t know basic strata law or she is deliberately misleading you. 

If you think she is in cahoots with a dysfunctional committee, I would start with a complaint to Fair Trading (who will do nothing) and an action at NCAT to have the strata manager removed under Section 72 of the Act, in both cases using these events as evidence.

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Whoopi
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09/12/2018 - 7:49 am
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Thank you very much  for this information very helpful from bothJimmy and Scotlandx

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