29/11/2018 at 5:50 pm #12063
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.01/12/2018 at 10:12 am #30825
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.01/12/2018 at 4:53 pm #30829
Thank you so much for your prompt reply!
Really appreciate it.
Many thanks!03/12/2018 at 11:19 am #30841
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.05/12/2018 at 5:32 pm #30864
You might be interested in this Facebook post from our good friend Amanda Farmer of Yourstrataproperty.com.au https://www.facebook.com/yourstrataproperty/videos/592078884546353/07/12/2018 at 10:25 am #30882
In NSW, it’s 7 days notice required for an AGM. It’s 14 days for the first AGM. There is more information here
(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.07/12/2018 at 5:09 pm #30885
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.16/02/2019 at 11:17 am #35830
At last year’s AGM in March 2018 the 2019 AGM date was set as Saturday March 16. About one month ago I was advised by Strata Managers that this had been changed to Saturday March 9. Then a few days ago I was told it was changed again to Wednesday March 6. First, who can decide the date and does such decision need input from the owners? How much time should be given before the meeting before setting a date? And traditionally the meeting was on a Saturday but someone has now changed it to Wednesday when many owners will be unable to attend. What right does an owner have to demand it be on a Saturday as previously?