This article is about the Annual General Meeting in Victorian Owners Corporation.
Table of Contents:
- QUESTION: We have an OC manager but no chairperson, executive positions, or committee. Can I elect a chair? Do I call a special meeting of the owners to elect a chairperson, or wait until the AGM?
- QUESTION: I’ve just received minutes of the AGM showing yearly fees will increase from $2000 to $3000 annually. Only 50% of owners voted for the increase. Is a quorum of 80% required for the meeting to proceed?
- QUESTION: Our AGM is due very soon. We have not been notified of a date. We have received notification that we must submit committee nominations within two weeks. I thought nominations could be received up to the AGM.
- QUESTION: What are the consequences if AGM minutes are falsified?
- QUESTION: Should the minutes of the AGM include the Manager’s Report and the Committee Report?
- QUESTION: Is there a time frame for the minutes of a meeting to be signed by the Chair?
- QUESTION: Our small self managed strata scheme has not had an AGM for the past two years. What are the consequences of not having annual AGMs?
Question: We have an OC manager but no chairperson, executive positions, or committee. Can I elect a chair? Do I call a special meeting of the owners to elect a chairperson, or wait until the AGM?
I’m a new owner in an 8-year-old 4-unit strata complex. We have an OC manager but no chairperson, executive positions, or committee. A new management contract has not been signed since 2020. The AGM was in January. The OC manager doesn’t seem very helpful or even trustworthy.
Can I elect a chair? If so, how? Do I call a special meeting of the owners to elect a chairperson, or do we have to wait until the AGM?
Answer: If you have 25% or more of lot entitlements, contact the OC manager and request a special general meeting.
Section 74 of the Owners Corporations Act 2006 stipulates that a lot owner with at least 25% of lot entitlements can convene a special general meeting.
You would have received a copy of the plan of subdivision when you purchased your property. This plan details the lot entitlement schedule, and it’s possible that each lot might not even have a 25% entitlement.
If you have 25% or more, contact the OC manager and request a special general meeting. If you have less than 25% of lot entitlement, you could ask one of your neighbours (assuming they are owner occupiers) to support your request. In this scenario, you could email your OC manager and cc the other owner, advising them to support your request to call the meeting.
In your email to the OC manager, you should explain to them what agenda items you would like added, which would include something like ‘To appoint a chairperson of the owners corporation’.
The OC manager should comply with your request. If they don’t or are making things difficult, you could contact a strata professional, like a strata consultant, for assistance.
Callum Wilson
The Strata Shepherd
E: info@thestratashepherd.com.au
P: 0431 925 908
This post appears in the May 2024 edition of The VIC Strata Magazine.
Question: I’ve just received minutes of the AGM showing yearly fees will increase from $2000 to $3000 annually. Only 50% of owners voted for the increase. Is a quorum of 80% required for the meeting to proceed?
Answer: To achieve a quorum at an AGM, the Act states that at least 50% of the total number of lots or 50% of the total lot entitlement must be present in person or by proxy.
No, to achieve a quorum at an AGM, Section 77 of the Owners Corporations Act 2006 states that at least 50% of the total number of lots or 50% of the total lot entitlement must be present in person or by proxy. You have stated that 50% of owners voted for the increase, so I will assume that a quorum was present at the AGM.
As the setting of annual fees is done at the AGM, the decision to increase the yearly fees from $2,000 per annum to $3,000 per annum could unlikely be challenged if a quorum has been achieved with at least half of the owners based on lot entitlements present at the meeting. In addition, if a majority of those present at the meeting voted in favour of the increase, in my view, the owners corporation has approved the fee increase.
Matthew Bourke
MBCM Strata Specialists
E: matthew@mbcmdoncaster.com.au
P: 03 9873 7366
This post appears in Strata News #674.
Question: Our AGM is due very soon. We have not been notified of a date. We have received notification that we must submit committee nominations within two weeks. I thought nominations could be received up to the AGM.
Answer: No section of the OC Act 2006 precludes an owner from nominating for the committee at the Annual General meeting from the floor.
Section 71(2) of the Owners Corporation Act 2006 lists the matters that must be dealt with at the Annual General Meeting, including the election of a committee if the owners corporation is to have a committee.
Section 100 of the OC Act 2006 states that an owners corporation affecting ten or more lots MUST elect a committee at each annual general meeting. An owners corporation affection less than ten lots MAY elect a committee at an annual general meeting.
Standard and best practice policy is for the OC Manager to issue the Notice of AGM, including the agenda, at least 21 days before the meeting. Section 72(1) of the OC Act 2006 states that notice in writing of the meeting must be sent at least 14 days before the meeting. This notice should include a committee nomination form.
No part of the OC Act 2006 precludes issuing the committee nomination form earlier than the 14 or 21 day period to give owners more time to consider their nomination and reasons for nominating for the committee. Similarly, no section of the OC Act 2006 precludes an owner from nominating for the committee at the Annual General meeting from the floor.
Ben Quirk
OccamStrata
E: ben.quirk@OccamStrata.com
P: 03 7045 3371
This post appears in the October 2023 edition of The VIC Strata Magazine.
Question: What are the consequences if AGM minutes are falsified?
Answer: If a falsification is identified and members resolve that it be corrected, it must be actioned and noted in the Minutes.
At each AGM, owners have the opportunity to object to wording of the previous AGM’s Minutes.
If a falsification is identified and members resolve that it be corrected, it must be actioned and noted in the Minutes. Failure to do so (presumably by the Manager) would likely be a breach of their duties however the actual consequence for this is unclear. A monetary penalty is unlikely unless it can be proven the Manager made a financial gain due to the falsification.
If a falsification is tabled but the majority of members agree to dismiss it, it would be very difficult to overturn it a higher level (such as VCAT) without firm proof (such as a recording of the meeting). If that proof was available and credible, the Owners Corporation itself may be in breach of its duties but, again, the consequences are not clear and unlikely to be significant unless there was some sort of malice involved.
It is therefore good practice to record meetings where possible to eliminate the potential for disputes regarding the accuracy of meeting minutes.
Callum Wilson
Bright & Duggan
E: callum.wilson@bright-duggan.com.au
P: 0427 339 980
This post appears in the November 2022 edition of The VIC Strata Magazine.
Question: Should the minutes of the AGM include the Manager’s Report and the Committee Report?
Should the minutes of the AGM include the Manager’s Report and the Committee Report even if they have been recently circulated to all owners? It’s not clear from my reading of the Act, but I think it may be important to have these included.
Answer: The AGM minutes should consist of the decisions made by the OC.
The AGM minutes should consist of the decisions made by the OC. That is the minimum legal requirement.
The OC could decided at the AGM to require that the chairperson and committee reports (Reports) are attached to the minutes. From our understanding, most owners corporations’ practice is to attach the Reports to the AGM notice which gives notice and information to the owners corporation members prior to attending the AGM.
Rochelle Castro
RC & Co Lawyers
E: law@rccolawyers.com
P: 1300 072 626
This post appears in Strata News #562.
Question: Is there a time frame for the minutes of a meeting to be signed by the Chair?
Is there a time frame after an AGM or Special Meeting for the minutes of the meeting to be signed by the Chairperson or should the minutes be signed at the next meeting after the resolution ‘To Accept the Minutes’ (with any amendments to the minutes) has been passed at the next meeting?
Answer: There is no requirement for the Chair’s signature.
The Owners Corporations Act 2006 is silent on whether minutes should be signed by a Chairperson. Therefore, there is no requirement for the Chair’s signature because the contents of the minutes will be reviewed and confirmed by the members at the next annual or special general meeting. Any amendments to the minutes would also be decided at the next general meeting.
Rochelle Castro
RC & Co Lawyers
E: law@rccolawyers.com
P: 1300 072 626
This post appears in Strata News #552.
Question: Our small self managed strata scheme has not had an AGM for the past two years. What are the consequences of not having annual AGMs?
We bought a villa unit about 4 years ago, the complex consists of 6 units. We don’t have a professional Owners Corporation Manager and haven’t had an annual general meeting for the past two years.
What are the consequences of not having annual AGMs?
Answer: If your OC requires funds to be collected or to make decisions that impact the use of the common property, we recommend that you hold annual general meetings to pass resolutions in this regard.
An Owners Corporation (OC) is capable of making legal decisions by passing resolutions. Resolutions are passed at OC meetings. To raise funds, the OC must pass resolutions giving it a legal right to pass a budget and raise the funds for the budget by collecting owner contributions.
If your OC requires funds to be collected or to make decisions that impact the use of the common property, we recommend that you hold annual general meetings to pass resolutions in this regard.
Rochelle Castro
RC & Co Lawyers
E: law@rccolawyers.com
P: 1300 072 626
This post appears in Strata News #538.
Have a question about Annual General Meeting in Victorian Owners Corporations or something to add to the article? Leave a comment below.
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Hi There
the last Owners Corp AGM for my building was in September 2022. I connected the Management company to find out what was happening and they were quite abrasive saying it will happen when it happens. This was a few weeks before the 15 month deadline. It’s now over 16 months and not a word. I have emailed them since that conversation and they haven’t responded. We do not have an active committee for me to approach. Is there anything I can do to get the Starta Management company to sort it out?
Thanks
Is a Victorian Corporation committee required to advise all owners as to when a general meeting is to be held and ,if so, what information is required to be provided to the owners?”
Hi Elizabeth
You will find the information you are after in the Act here: OWNERS CORPORATIONS ACT 2006 – SECT 72 Notice of annual general meetings
What are the consequences if AGM minutes are falsified?
Hi Mary
Callum Wilson, Bright & Duggan has responded to your question in the article above.
Should the minutes of the AGM include the Manager’s Report and the Committee Report even if they have been recently circulated to all owners? It’s not clear from my reading of the Act but I think it may be important to have these included for prospective buyers to have access to.
Thanks for any advice.
Hi Tony
Rochelle Castro, RC & CO Lawyers has responded to your comment in the article above.
Can a lot owner bring a legal rep or mediator to an annual general OC meeting and if so, can this person guide and speak on their behalf?
Can you advise please. Does a fresh committee need to be appointed each year at the AGM or is a new member only appointed on a resignation of a member.
Also, is the chairperson elected each year or only when the existing chairperson steps down.
I cannot find this definitive answer in the Act
Thank you
Suzanne
At a recent OCC meeting the committee instructed the Manager in writing to save costs his company email to all owners copies of reports agenda for the AGM.
The OCM has email addresses of all owners
The Manager refused this instruction and instead sent 60 plus pages of documents in plastic folders including suspended Model Rules to all owners by express post.
Reading the OC Act 2006 we regarding this is a breach of Sec 120 of the OC Act
At our recent AGM the OCM who prepared and circulated the Agenda refuses to accept any new motions on the night of the meeting.
It is my understanding that if a n AGM is held and not enough owners attend minutes are still issued and circulated and after so many days and there are no objections the are approved.
On this basis if a new motion was put forward by owners at the meeting on the night and minutes circulated and no objection it should be valid. .
Also in minutes should they have who moved or seconded motion and word carried – our minutes had words noted on some motions
It is not possible to “resolve upon” normal voting motions unless the topic is on the agenda. Additionally, if a Special or Unanimous resolution, the actual wording must also be included on the agenda.
So new topics cannot be brought up at the AGM and motions put to members.
Members can decide the level of formality to their minutes, such as recording a mover and seconder, but not strictly necessary. The more modern way is to simply record “Members resolved that…..”.
If a vote is contentious or very close, it is wise to include the number of votes for and against for transparency, but not strictly necessary. The Owners Corporations Act 2006 simply requires that the result of voting on any resolution be recorded.
It would seem the logic behind Mr Sanders reply i.e. that members need to consider agenda items in advance and hence the purpose (or one of) for notifying members (at least) fourteen (14) days in advance of the AGM and so members have time to consider the Agenda motions and likewise, it would follow then, for any important information concerning highly significant Insurance quotations would be provided to ALL committee members, well in advance (at least 14 days of AGM) and so COM can equally be sufficiently ‘informed’ and when the decision i.e. resolution is then passed at AGM, the member (COM or otherwise) will have had sufficient time to evaluate and be prepared and ideally make an informed decision when voting at AGM.
Especially when the Manager holds majority of proxies (not made transparent at AGM) and has had the information well in advance of COM (i.e. over one month) and Manager can then vote for their proxy (member) on insurance and maybe considered unethical especially if the same Strata manager is owned by the same Broker who provided the insurance quotes.
Thanks
Our Vic OC last AGM was 30 Jan 2019. The Committee state Covid as the excuse the next AGM has not occurred. Pls advise!
Hi Kaz
The following response has been provided by Rochelle Castro, RC & CO Lawyers:
In my view, the Owners Corporations Act 2006 does not prohibit annual general meetings from being held via electronic platforms (i.e. zoom or Microsoft Teams).
That said, if the Owners Corporation decides to hold its annual general meeting through an electronic platform, guidelines should be created in respect of taking attendance and whether visibility (to count votes) should be required if a lot owner/proxy attends.