NSW: Q&A Owners Corporation Meeting Minutes – How much detail should go in?
Question: What is the procedure to have the minutes of an AGM amended?
What is the procedure to have the minutes of an AGM amended? Is it by way of a motion for the agenda of the next AGM or can an amendment be proposed and seconded from the floor at the time of the next AGM? If it is the latter, is a vote necessary?
Answer: Often in strata, minutes are circulated in draft by the Secretary for amendments by the strata committee in advance of the next meeting.
Often in strata, minutes of general or other meetings are circulated in draft by the Secretary for comments/amendments by the strata committee in advance of the next meeting or the due date for issuance of minutes.
When presented at the next meeting of the owners corporation for adoption, however, the latter course you describe ie motion put, then seconded, with a vote, with a majority in support is required to correct/amend the motion.
Question: Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. I am being told that only owners names will be listed as attendees. Is this correct?
Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. The owner was also present. The son was elected to the Strata committee as chair, nominated by the owner and voted by other attendees. I am being told that only owners names will be listed as attendees and that is why this person’s name is not on the minutes. But surely, we should include all those who attended?
Answer: Good minute keeping practice dictates that all attendees should be recorded.
In our view, good minute keeping practice dictates that all attendees should be recorded albeit non-owners, other guests and invitees should be recorded in a separate list.
The strata legislation states that the Owners Corporation must keep full and accurate minutes of its meetings that include minutes of all motions passed at its meetings – in order to satisfy the “full and accurate” requirement, we consider that that would include a comprehensive list of attendees whether owners, proxies or otherwise.
Question: Is it necessary to record the names of movers and seconders in the Strata Committee minutes? What are the ramifications if those details are not recorded?
Answer: There is no express requirement in the strata legislation to record such names, but you could record the names if you wanted to.
There is no express requirement in the strata legislation to record such names, however, for abundance of clarity, especially on a contentious motion, you could record the names (as their names would be listed under attendees in any event) if you wanted to, noting that only minor changes, which do not affect the intention of a motion, may be made at a meeting.
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track?
Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear. As many lot owners are absent investors Strata minutes represent their only official record of on-site proceedings. The actions of a strata committee secretary with their own agenda that distorts, abridges or fails to accurately minute committee decisions and undertakings have become most distressing for fellow committee members. As a result, our SC minutes are repeatedly at odds with the message the committee members want to share with residents and owners. Even when our chairperson requests alterations to better reflect meeting content, their request is often ignored.
To get contributions recorded accurately it has become necessary for committee members to document their responses to agenda items in advance, then read them verbatim at the meeting before supplying the secretary with emails containing what was said for inclusion in the minutes.
This is not always successful, requiring committee members to distribute their meeting contributions independent of meeting minutes, or insisting that they are attached as an addendum. This activity in combination with repeatedly not approving the minutes of previous meetings is making our secretary even more likely to record what they wanted to hear rather than actual meeting deliberations.
What steps can we take to appoint an alternative to get our processes back on track?
Answer: Under the strata legislation, the minutes must be a full and accurate record of decisions made.
In terms of the minutes, under the strata legislation, the minutes must be a full and accurate record of decisions made.
Under Section 45 of the Strata Schemes Management Act, 2015 (NSW) the strata committee or owners corporation may remove the Secretary from his/her office:
45 Vacation of office by officer
- An officer of an owners corporation vacates office as an officer:
- if the person ceases to be a member of the strata committee, or
- on the receipt by the owners corporation from the person of written notice of the person’s resignation as an officer, or
- if another person is appointed by the strata committee to hold that office, or
- if the owners corporation, by special resolution, declares that the person’s office is vacated, or
- if the person dies.
Question: If the strata committee has been unable to provide an immediate answer to a question can the explanation be added as a note/addendum to the minutes of the meeting?
Additions to owners corporation meeting minutes.
On occasion, our Strata committee has been unable to provide an immediate answer to a question by an attending observer (on invitation) the facts and figures being available only after the meetings conclusion.
In such instances and where the answer is of interest to the entire owners corporation, is it possible to have the answer/explanation added as a chairperson, treasurer or Secretaries’ note/addendum to the minutes of the meeting at which the question was first raised?
Answer: There is no legal issue with making such explanatory notes in the minutes, as your intention is to heighten transparency.
Question: What is the procedure to have the minutes of an AGM amended?
What is the procedure to have the minutes of an AGM amended? Is it by way of a motion for the agenda of the next AGM or can an amendment be proposed and seconded from the floor at the time of the next AGM? If it is the latter, is a vote necessary?
Answer: Often in strata, minutes are circulated in draft by the Secretary for amendments by the strata committee in advance of the next meeting.
Often in strata, minutes of general or other meetings are circulated in draft by the Secretary for comments/amendments by the strata committee in advance of the next meeting or the due date for issuance of minutes.
When presented at the next meeting of the owners corporation for adoption, however, the latter course you describe ie motion put, then seconded, with a vote, with a majority in support is required to correct/amend the motion.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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