This topic contains 7 replies, has 6 voices, and was last updated by Avatar gwyn 1 month ago.

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  • #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.

  • #30825
    Jimmy-T
    Jimmy-T
    Keymaster

    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.

  • #30829

    Thank you so much for your prompt reply!

    Really appreciate it.

    Many thanks!  

  • #30841
    Avatar
    g-g
    Flatchatter

    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.

  • #30864
    Jimmy-T
    Jimmy-T
    Keymaster

    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/

  • #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
    => 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.

  • #30885
    Sir Humphrey
    Sir Humphrey
    Strataguru

    @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.

  • #35830
    Avatar
    gwyn
    Flatchatter

    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?

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