A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
AGM notice, date from which it starts to count
Avatar
Namasteherebooboo
NSW
Newbie
Members
Forum Posts: 2
Member Since:
29/11/2018
sp_UserOfflineSmall Offline
1
29/11/2018 - 5:50 pm
sp_Permalink sp_Print

Can somebody confirm from what point/date the notice period starts?

Obviously the strata agent is playing semantics and saying, he “issued” the meeting notice on time (on time for him!).

However, this meant the owners received the annual general meeting agenda with 5 working days notice, max 6 working days.

Meeting date – 5 Dec

Meeting notice prepared by strata – 14 Nov

Meeting notice posted by strata – 21 Nov

Meeting notice received by owners – 24 and 26 Nov.

 

Strata also left out a special resolution issue – citing excuses, so that they wouldn’t get caught on the 21 days notice issue.

 

Is a electronic voting motion a special resolution item?

 

According to fairtrade website:

the Model constitution applies, members must be given at least 14 days’ notice of an AGM, or 21 days’ notice if a special resolution is to be proposed. 

 

I would really appreciate a prompt response, please.

Avatar
Jimmy-T
Admin
Forum Posts: 5208
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
2
01/12/2018 - 10:12 am
sp_Permalink sp_Print

The decision to use electronic voting is a simple resolution.

The question of notice given is complicated by the mailing out of agendas and meeting notices.

Here’s an extract from the excellent Strataman website, on the issue of when agendas for strata committee meetings have to be posted.

Now, I didn’t see any specific reference to ‘time for postage’ in the SSMA 2015 or the SSMR 2016 but as I understand it, it’s based on the Interpretation Act detailed in a circular issued by Australia Post in 2016 stating 6 business days for Standard Delivery.

So this is how you calculate the period where 7 clear days notice is required:

  • Date of posting
  • 6 business days for delivery
  • then 7 days notice

While the date of the Meeting is obviously taken into account, it’s EXCLUDED from this calculation

Thus, in the case of a general meeting (in which there are no special resolutions) requiring 14 days notice to be “given” the notices should have been posted 21 days before.  It looks like your meeting on December 5 is invalid, for that reason.

Avatar
Namasteherebooboo
NSW
Newbie
Members
Forum Posts: 2
Member Since:
29/11/2018
sp_UserOfflineSmall Offline
3
01/12/2018 - 4:53 pm
sp_Permalink sp_Print sp_EditHistory

Thank you so much for your prompt reply!

Really appreciate it.

Many thanks!  

Avatar
g-g
Flat(chat)Mate
Members
Forum Posts: 100
Member Since:
20/03/2015
sp_UserOfflineSmall Offline
4
03/12/2018 - 11:19 am
sp_Permalink sp_Print

Is the 21 days notice for a meeting that includes special resolutions a requirement in NSW? I have been unable to find a reference in SSMA 2015. Thanks in advance.

Avatar
Jimmy-T
Admin
Forum Posts: 5208
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
5
05/12/2018 - 5:32 pm
sp_Permalink sp_Print

You might be interested in this Facebook post from our good friend Amanda Farmer of Yourstrataproperty.com.au

Essential update on AGM postage periods!

The law has changed! Postal notices are now deemed served on the 7th working day, not the 4th! Learn from Amanda how this impacts your strata buildings…

Posted by Your Strata Property on Tuesday, 4 December 2018

Avatar
Quirky
FlatChatter
Members
Forum Posts: 6
Member Since:
11/10/2011
sp_UserOfflineSmall Offline
6
07/12/2018 - 10:25 am
sp_Permalink sp_Print

In NSW, it’s 7 days notice required for an AGM. It’s 14 days for the first AGM. There is more information here
=> https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/meetings-of-the-owners-corporation
(You can download the page as a pdf)

Basically, “The Secretary must give each person on the strata roll at least 7 days’ advance notice of a meeting, in writing. The notice can be by post, email or fax. If the notice is sent by post, the Secretary must allow an additional 4 working days for postage.”

In my building, the Strata Manager emails the meeting notice out – but owners without email get it by post, and I believe the Manager posts those 4 days earlier than when the email goes out. We only get the bare 7 days, unless one of the snail mail owners talks to the majority who have email.

Avatar
Sir Humphrey
Canberra
StrataGuru
Members

Full Members

Moderators
Forum Posts: 1068
Member Since:
19/04/2011
sp_UserOfflineSmall Offline
7
07/12/2018 - 5:09 pm
sp_Permalink sp_Print

Quirky said
In my building, the Strata Manager emails the meeting notice out – but owners without email get it by post, and I believe the Manager posts those 4 days earlier than when the email goes out. We only get the bare 7 days, unless one of the snail mail owners talks to the majority who have email.  

Once the meeting papers are ready to print, why would the manager not also email them out then? What is the point of giving only just sufficient notice to be compliant with the law? Where I am, we always make sure we have things ready in ample time and give more than the bare minimum of notice. If nothing else, it keeps us legal if something causes a last minute, unexpected delay. It is also about be fair and decent, democratic and polite etc.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
25 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

Whale: 1584

kiwipaul: 584

struggler: 458

Austman: 344

Millie: 212

Billen Ben: 205

Cosmo: 196

considerate band fair: 160

Boronia: 144

FlatChatFan: 140

Newest Members:

HABD

darshika.dwivedi

cfclarke

SharonB

Kesa

JD Thomson

hanbug

Lord Justice Galah

property360view

Weitomtom@hotmail.com

Forum Stats:

Groups: 3

Forums: 40

Topics: 5005

Posts: 23666

 

Member Stats:

Guest Posters: 243

Members: 5712

Moderators: 6

Admins: 1

Administrators: Jimmy-T

Moderators: Sir Humphrey, scotlandx, Christopher Jones, Lady Penelope, Stratabox.com.au, Jimmy-T