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I understand 21 days notice is required to introduce new By-laws thru Special Resolutions at an AGM. If sufficient notice was given and this was only noticed several weeks after the AGM, what happens to the passed resolutions ? Are they invalid ? How does one formalise this ?
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fred11- From my reading of the SSMA 2015 I could find no requirement for 21 days notice to introduce new By-laws. The only requirement is that at least 7 days notice must be given of the meeting Agenda. The Agenda would of course need to contain the Motion regarding the by-law changes.
141 Procedure for changes to by-laws
(1) An owners corporation may, in accordance with a special resolution of the owners corporation, change the by-laws of the strata scheme.
(2) A change to the by-laws of a strata scheme has no effect until:
(a) the owners corporation has lodged a notification with the Registrar-General in the manner approved by the Registrar-General, and
(b) the Registrar-General has made an appropriate recording of the notification in the folio of the Register for the common property.
(3) The secretary of the owners corporation must keep a consolidated up to date copy of the by-laws for the strata scheme.
(4) A notification cannot be lodged in the Registrar-General’s office more than 6 months after the passing of the resolution to make the by-law.
Meeting procedures are described in Schedule 1 of the SSMA 2015. The relevant provision is here:
7 Notice of general meetings other than first AGM
(1) This clause applies to general meetings other than the first annual general meeting of an owners corporation.
(2) Written notice of a meeting must, at least 7 days before the meeting, be given to each owner.
(3) Notice of a meeting must also be given, at least 7 days before the meeting, to each first mortgagee or covenant chargee on the strata roll if an item on the agenda is one in which the mortgagee or covenant chargee may cast a priority vote.
Note : A priority vote may be cast in the circumstances set out in clause 24.
(4) Nothing in this Part requires an owner to give notice of a meeting to himself or herself.
PS is right. For the record, however, it is worth noting that had proper notice not been given, an owner still has to apply to have the decision overturned, do so within 28 days, and show that the failure to give proper notification made the difference between the motion being passed and not being passed. (See relevant extract from section 25 below).
There is no automatic revocation of improperly passed motions if the failure to follow correct procedure is noted at a later date.
25 Order where voting rights denied or due notice of item of business not given
(1) The Tribunal may, on application by a person entitled to vote on a motion for a resolution of an owners corporation at a general meeting, order that a resolution passed at the general meeting be treated as a nullity on and from the date of the order.
(2) The Tribunal must not make the order unless the Tribunal is satisfied that the resolution would not have been passed but for the fact that the applicant for the order:
- was improperly denied a vote on the motion for the resolution, or
- was not given due notice of the item of business in relation to which the resolution was passed.
(3) An application for an order may not be made unless:
- an application for mediation of the dispute was made not later than 28 days after the date of the meeting at which the resolution was passed, or
- if an application for mediation was not made, the application for the order was made not later than 28 days after the date of the meeting at which the resolution was passed.
(4) If a resolution that is to be treated as a nullity by an order changes the by-laws and the order has been recorded in the Register under this Act, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the change had not been made.
(5) Subsection (4) is subject to the by-laws having been or being changed in accordance with this Act and to any relevant order made by a superior court.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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