NSW: Q&A Can we hold Electronic Meetings and have Electronic Voting?

NSW Lot Owners are wondering whether they can have electronic meetings?

Table of Contents:

• QUESTION: Due to COVID restrictions and the lockdown, is it OK to delay our AGM until restrictions allow us to meet in person?
• QUESTION: Can an EGM be held online? And if yes, could you please provide information on how to organise it?
• QUESTION: Can we hold a meeting electronically and just have everybody use electronic voting on the issue of a special levy via email to our strata manager rather than having another face to face meeting?

Question: Due to COVID restrictions and the lockdown, is it OK to delay our AGM until restrictions allow us to meet in person?

Due to COVID restrictions, is it OK to delay our AGM until restrictions allow us to meet in person?

We are an over 55 Strata Complex in Sydney with many residents in their 80s & 90s who we believe do not have the capability to attend electronic meetings like a Zoom meeting.

Our AGM was due in July. The Committee have notified the owners in writing of the delay and the reasons for that and have had no complaints.

Answer: For an over 55s complex where people are going to struggle to use electronic meeting software like Zoom, I think that’s a really sensible option.

You’ve got 12 months to call the AGM now., so the answer is yes. You used to have call it one month either side of the first AGM, but that’s been lifted for the last six years. I think you’re on the right track. Just push it back later this year, or early next year, once you can.

For an over 55s complex where people are going to struggle to use software like Zoom, I think that’s a really sensible option.

Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547

This post appears in Strata News #506.

Question: Can an EGM be held online? And if yes, could you please provide information on how to organise it?

Answer: If most residents are actively using an online portal and have provided their current contact details then online meetings are worth exploring.

If there are no by-laws that prohibit online or electronic meetings then a strata committee may choose to hold a general meeting online. Under the Strata Schemes Management Act 2015 (the Act), the strata committee must first agree by resolution to adopt online communication methods such as social media, video and teleconference to hold meetings online.

The prescribed meeting protocols under the Act still apply. For instance, providing written notice to each owner at least seven days before the meeting.

Organising an online or electronic meeting

Once the strata committee has agreed to hold meetings online, they should consider the following practical aspects:

• The costs and benefits of purchasing an online meeting software designed for strata meetings versus using a free generic one. Find out if a paid software offers a free trial for the committee to test in an upcoming committee meeting.
• If you use a free online meeting tool, it will need to be set up and managed by someone (for example the strata manager) who is familiar with the prescribed meeting protocols and has access to up to date contact details for all owners.
• It may be difficult to encourage some owners of your strata to use new software and switch from physical to online meetings – so focus on selling the benefits to everyone.

Are most owners already using an online portal at your strata?

While holding online strata meetings has financial and practical benefits for most owners, there will be people who are not open to change and if they are the majority then it will be difficult to implement online meetings.

In some strata schemes there is an online portal that allows all owners to lodge maintenance and repair requests. In those cases, if most residents are actively using an online portal and have provided their current contact details then online meetings are worth exploring.

Yuhao Gu
Omega Legal
E: info@omegalegal.com.au
P: 0402 990 108

This post appears in Strata News #270.

Question: Can we hold a meeting electronically and just have everybody use electronic voting on the issue of a special levy via email to our strata manager rather than having another face to face meeting?

I live in a smallish strata complex with 10 units. Most of the owners are fairly hands-on and want to have lots of meetings to discuss things. We have discussed doing some additional landscaping that will require a special levy and understand a special levy needs to be struck at a meeting.

We don’t have any other need for a meeting right now. Can we hold this meeting electronically and use electronic voting for the issue via email to our strata manager rather than having a face to face meeting?

Can we use electronic voting or do we need to have some physical representation of the meeting? We have approved electronic voting at a previous meeting so that’s not an issue. We are just not sure how to proceed.

Answer: Whether or not you need a meeting depends on whether you’ve adopted “pre-meeting” electronic voting or electronic voting at the meeting.

Whether or not you need a meeting depends on whether you’ve adopted “pre-meeting” electronic voting or electronic voting at the meeting. Your strata manager will be able to determine which, and, in either case simply needs to issue an agenda/notice of meeting in relation to the special levy proposed to be struck.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440

This post appears in Strata News #214.

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These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Read next:

• NSW: Q&A Water Dripping Over Balcony From the Neighbour Above
• NSW: Q&A Can Our Owners Corporation Be Run With No Meetings?

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