Question: I have a question about who determines what is included in an EGM agenda?
Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda?
Answer: Both the delegated secretary (Strata Manager is usually delegated this function) and the elected secretary of the Owners Corporation have the same functions as set out below:
43 Functions of secretary of owners corporation
The functions of a secretary of an owners corporation include the following:
(a) to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting,
(b) to give on behalf of the owners corporation and the strata committee of the owners corporation notices required to be given under this Act,
(c) to maintain the strata roll,
(d) to enable the inspection of documents on behalf of the owners corporation in accordance with this Act,
(e) to answer communications addressed to the owners corporation,
(f) to convene meetings of the strata committee and (apart from its first annual general meeting) of the owners corporation,
(g) to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation,
(h) any other functions conferred on the secretary under any other Act or law.
In practice, the strata manager and secretary/strata committee would work collaboratively to ensure that all requisite motions were included in an agenda. While it would not strictly be unlawful for the strata manager to unilaterally issue an agenda, such practice could fall foul of the principles of agency law ie the principal owners corporation directs what the agent does on its behalf (subject to the strata management agency agreement and any delegated functions).
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.