NSW Q&A: Can an EGM be Called to Reverse the Decision of a Majority at an AGM?
Question: Can an EGM be called to reverse the decision of a majority at an AGM?
The owners corporation by a majority vote accepted the proposed strata levies at our AGM. Levies supported by appropriate budgets, explanations and Capital Works Funding Plan.
A group of dissatisfied owners (just enough to make the 25% required for an EGM) within a month have asked for an EGM with a motion to reverse the newly agreed levies to those of the previous year. They provide no further explanation or documentation.
It seems this is permissible but unsatisfactory. Can a series of AGM and EGMs be called each to reverse the decisions of a prior AGM, EGM?
Answer: Yes, decisions may be reversed and any type of general meeting may revoke a decision of another type of general meeting.
Under the strata legislation, a unanimous resolution or special resolution of an owners corporation about a matter cannot be amended or revoked other than by a subsequent resolution of the same kind.
The position may change if a decision has been implemented and is incapable of being reversed.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
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