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Topic
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Section 18 of the Strata Management Act 2015 says
An owners corporation must hold an annual general meeting once in each financial year of the corporation.
Section 19 says
(1) The secretary or a strata committee of an owners corporation may convene a general meeting (that is not an annual general meeting) of the owners corporation at any time.
(2) The secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.
So, who is responsible for ensuring an AGM happens? Can a qualified request be used to call an AGM?
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I am not so familiar with NSW. I suspect that ‘qualified request’ would refer to a provision similar to one we have in the ACT whereby a petition of 25% of owners requesting a general meeting and stating the topic to be considered compels the secretary (or committee) to call a general meeting.
In many OCs the secretarial function of managing the mechanics of calling the meeting is outsourced to a strata manager, but the buck still stops with the committee.
Sir Humphrey is mostly right. In NSW a ‘qualified request’ may be made by owners who hold one quarter of the aggregate unit entitlements of the block. Obviously, that is slightly different from 25 per cent of owners.
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.
The secretary (or delegated strata manager) has to call an AGM once in every financial year. If they fail to do so, you can pursue this through Fair Trading and NCAT, seeking orders to compel them.
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.
The Chair, the Secretary and, for practical purposes, the Strata Manager if there is one, are the essential participants, so they would need to synchronise their respective calendars. As noted, there can be only one AGM per financial year. We should all be clear about the distinction between the AGM and an EGM.
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