Question: Our Strata Manager has been putting off our AGM since December. How can they be made to hold an AGM asap? We have issues that need to be addressed.
Answer: An AGM must be held once in each financial year of the owners corporation.
As set out in the extracts of the legislation below, an AGM must be held once in each financial year of the owners corporation, so you should make enquiries about your particular scheme’s financial year end.
Should the strata manager continue to delay holding the AGM, you may apply to NCAT to have the AGM held within the time specified by the Tribunal.
18 AGM must be held
An owners corporation must hold an annual general meeting once in each financial year of the corporation.
20 Tribunal may appoint person to hold first AGM and other meetings
- The Tribunal may, on application by an owners corporation or an owner or mortgagee of a lot in a strata scheme, order a person to convene and hold a meeting of the owners corporation within the time specified in the order if a meeting has not been convened and held in accordance with this Act.
- The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.
Alternatively, if the matters requiring attention can be decided at a general meeting (as opposed to an AGM), you could avail yourself of the procedure set out below, which could see a general meeting convened within 14 days:
19 Other general meetings
- 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.
- 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.
- A meeting may be convened on a qualified request even if the first annual general meeting has not been held.
- A request is a “qualified request” for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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