Introduction

General Meetings

Calling AGMs

• A General Meeting may be called by either of the following persons authorized by the Committee to call the meeting;
• Secretary
• Another member of the Committee
• A person authorized or required to call a General Meeting by an order of an adjudicator acting under the dispute resolution provisions.
• The new regulations which came into effect on the 1^st September 2008 now provide that the secretary or other member of the committee (including a non-voting member) may call a general meeting upon the committee passing a resolution directing the member to call the meeting.

Submitting agenda items

• A motion for consideration at a General Meeting may be submitted at any time by;
  • a member of the Body Corporate
  • the Committee
• A motion submitted by a member of the Body Corporate may be included on the agenda for an AGM only if the Secretary receives the motion before the end of the Body Corporate's financial year immediately preceding the meeting.
• When the notice for the AGM is forwarded to the Body Corporate calling for nominations for the Committee positions, it must also include an opportunity to submit motions for inclusion on the agenda for the meeting.

Notice of General Meetings

• The notice for the General Meeting must include the following:
  • Contain an agenda for the meeting
  • The new regulations now provide that that all reserved  issues (previously 'restricted issues') must now accompany the agenda for the Annual General Meeting each year.
  • Be accompanied by a proxy form
  • Corporate lot owners must be able to nominate a nominee
  • Be accompanied by a voting paper for all open motions to be decided at the meeting
  • For a motion to be decided at the meeting by secret ballot be accompanied by a secret voting paper, an envelope marked 'secret voting paper' and either a separate particulars envelope or a particulars tab forming part of the secret voting paper envelope that can detach without unsealing the envelope.
  • Be accompanied by explanatory material
  • Contain or be accompanied by any other document as required under the Act
  • If all the lots have identical ownership, no notice needs to be given.
• The new regulations now provide that that all reserved  issues (previously 'restricted issues') must now accompany the agenda for the Annual General Meeting each year.

Explanatory Material

• A voting paper for a General Meeting must be accompanied by an explanatory schedule if:
  • The submitter of a motion stated in the voting paper gives the Secretary an explanatory note about the motion and the note is no longer than 300 words.
  • The voting paper is for AGM
  • The voting paper states a motion with alternatives
• The explanatory schedule must include the following details:
  • The number assigned to the motion on the voting paper
  • The explanatory note in the form given by the motion's submitter
  • The submitter's name
  • An explanatory note stating that voters must vote either for the motion, by voting for the motion and for 1 of the alternatives for or against the motion.

Time and Place

• A General Meeting must be held at least 21 days after notice of the meeting is given to all lot owners.
• A General Meeting must be held not more than 15km in a straight line from the scheme land. However if the Committee notifies the owners of its intention to hold the meeting at a stated place more than 15km from scheme land and allows them a reasonable opportunity to object in writing to the proposed place, the meeting may be held at the place unless written objections are given by owners equating to at least 25% of the lots included in the scheme.

Agenda

• The Committee must prepare an agenda for each General Meeting, including;
  • any motions submitted by owners prior to the scheme's year end.
  • motions submitted by the Committee for consideration at the meeting, including for a motion with alternatives and the substance of each alternative
  • if there has been a previous General Meeting a motion to confirm the minutes of the last meeting
  • if the General Meeting is the first AGM for the scheme the business required to be considered at the first AGM.

Quorum

• A voter is taken to be present at a General Meeting if the voter is present at the meeting if the voter is present at the meeting personally, by proxy or by written or electronic voting paper.
• A quorum at a General Meeting is at least 25% of the number of voters for the meeting except that;
  • if the number of voters for the meeting is 3 or more 2 voters, must be present personally
  • if the number of voters for the meeting is less than 3 there is a quorum if at least 1 voter is present personally.
• If there is not a quorum within 30 minutes of the time scheduled to start the meeting, the meeting must be adjourned to be held at the same place, on the same day and at the same time in the next week.
• If at the adjourned meeting a quorum is again not present within 30 minutes of the time scheduled to start the adjourned meeting, the persons present (whether personally or otherwise) form a quorum if;
  • the Chairperson is present personally or
  • the Chairperson is not present personally but a Body Corporate Manager exercising the powers of the Chairperson under an authorization given to the Body Corporate is given personally.
• If it is not practical to hold the adjourned meeting at the same place, it may be held at another place if all lot owners are advised personally or in writing of the new location before the adjourned meeting is to start.

Voting

• Voting by persons present at a General Meeting must be by show of hands or by giving completed voting papers to the Secretary or if the Secretary is not present the person chairing the meeting not later than the start of the meeting unless;
  • a ballot is required the Act
  • the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.
• No vote may be counted for a lot on a motion if there is a conflict of interest between the votes of the co-owners of the lot.
• A General Meeting may pass a resolution on a motion only if the motion is;
  • included as an item of business on the General Meeting's agenda
  • stated in a voting paper accompanying the notice of the meeting; or
  • 1 or more of the following
    1. A procedural motion for the conduct of the meeting
    2. A motion to amend a motion
    3. A motion to correct the minutes
• Voting must occur in the methods outlined above unless the Body Corporate decides by special resolution that voting is to be done another way.

Information mandatory at a General Meeting

The Secretary must have available for inspection by voters at the General Meeting:

• The Body Corporate's roll
• A list of the persons who have the right to vote at the meeting
• All proxy forms and voting papers

Declaration of voting results on motions

• The person chairing a General Meeting must declare the result of voting on motions at the meeting.
• When declaring the result of voting the person chairing the meeting must state;
  • The number of votes cast for the motion
  • The number of votes cast against the motion
  • The number of abstentions from voting on the motion
• These results must be recorded in the minutes of the General Meeting.
• The voting tally sheet may be inspected at the meeting by any of the following persons:
• A voter, or person holding a proxy from a voter
• The returning officer if any appointed by the Body Corporate for the meeting
• The person chairing the meeting
• The new standard module regulations now allow that the chairperson of the meeting may appoint an independent scrutineer to assist in ballot votes.

Amendment of motions at General Meeting

• A motion may be amended at a General Meeting by the persons present and having the right to vote at the meeting.
• An amendment cannot be made that changes the subject matter of the motion.
• In counting the votes cast for and against a motion to amend a motion or an amended motion;
  • If the person has not cast a written or electronic vote on the motion must not be counted as voting for or against the motion
  • If the person has cast a written or electronic vote on the motion must be counted as voting against the motion

Minutes

• The Body Corporate must ensure full and accurate minutes are taken of each General Meeting, including each of the following;
  • The date, time and place of the meeting
  • The names of persons present and details of the capacity in which they attended the meeting
  • Details of proxies tabled
  • The words of each motion on the number of votes for and against the motion and the number of abstentions from voting on the motion
  • If a Committee Member is elected at the meeting the number of votes cast for each candidate
  • The time the meeting closed
  • The Secretary's name and contact address

Requirements for requesting EGM

• An EGM of the Body Corporate must be called if a notice asking for an EGM to consider and decide motions proposed in the notice is;
  • Signed by or for the owners of at least 25% of all the lots included in the scheme
  • Given to the Secretary or in the Secretary's absence the Chairperson or if the Committee has not yet been chosen given to the original owner
• A requested EGM of the Body Corporate may be called even though the Body Corporate's first AGM has not yet been held.

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