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  • #51332
    AvatarWirihana
    Flatchatter

    Just wondering if someone can give some advice about holding an electronic AGM.

    One strata plan I deal with had voting by email but a zoom meeting was held as well to elect a new committee and a new strata manager.

    Another strata plan issued voting papers to be returned by email, but the motion about electing a strata committee – that nominations for election to the strata committee be received, declared and recording – had a note after it saying that  “this motion cannot be put to this type of meeting, please do not vote on this motion.”

    Is that permitted under the legislation?

    And does it mean that we have to keep the same committee, unlelected, for another year if there is no EGM before the next AGM?

    And if you have to vote by email, why are proxies permitted?

    I would be interested to hear how other strata managers have dealt with this.

     

     

     

     

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  • #51340
    Jimmy-TJimmy-T
    Keymaster

    It probably helps to go straight to the source for this, namely the Strata Schemes Management Amendment (COVID-19) Regulation 2020

    But to summarise (and this is my non-legal interpretation) you may have general meetings electronically, whether or not you have passed a by-law to do so, and you can hold an election via that meeting.

    However, you can’t have pre-election online voting.

    Here are the significant passages:

    71 Altered arrangements for voting at relevant strata meetings—section 271A(1)(b) of Act

    (4) To avoid doubt, this clause—
    (a) applies despite any requirement in the Act for a vote at a relevant strata meeting to be exercised in person, but
    (b) does not permit pre-meeting electronic voting to be used for an election.
    (5) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum for the motion or election.

    There are also references to  clause 28(1) of Schedule 1, and clause 10(1) of Schedule 2, of the Act, but these are just enabling clauses that allow for alternative means of voting.

    Regarding whether or not the old committee remains, my understanding is that the committee stays in place until a new one is elected at the next AGM.  When you consider that the law only demands that AGMs  must be held in successive financial years, they could be almost two years apart (July 2020 and June 2022).

    Thus, having a time limit on the tenure of the strata committee would be impractical and they could continue in office until they were re-elected or de-elected.

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