This ACT article is about meeting minutes and general meeting.
Table of Contents:
Question: If we do not accept the minutes of the previous AGM, what should happen?
At last year’s AGM, the Financial Statements were not provided and the motion was defeated. I expect as a result of that decision, the minutes for that AGM will not be accepted at this year’s AGM.
If we do not accept the minutes of the previous AGM what should happen?
Answer: If the minutes noted that the financials were not accepted and the rest of the resolutions were as passed at that previous meeting, then the minutes would normally be confirmed.
There is a requirement of the Unit Titles (Management) Act 2020 that the minutes of all General Meetings be confirmed by way of ordinary resolution at the Owners Corporation next General Meeting. This is also standard meeting practice.
The resolution records that the previous General Meeting minutes are confirmed as a true record of the proceedings of that meeting.
The confirmation of the previous general meeting minutes can only be done by a person who was in attendance at that previous meeting.
If no owners attending the next meeting were at the previous meeting then the only option is to accept the minutes and not confirm.
If the minutes noted that the financials were not accepted and the rest of the resolutions were as passed at that previous meeting, then the minutes would normally be confirmed.
So, in essence, the owners are confirming that the minutes are a true record of what took place. Sometimes amendments are made noting any inconsistency with the minutes which have been recorded incorrectly.
Not receiving financials is another issue.
Jan Browne
Bridge Strata
E: [email protected]
P: 02 6109 7700
This post appears in Strata News #495.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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1) Does 14 days to distribute minutes apply in Qld,?
2) Does 6 weeks timeline apply to replies to correspondence from the BodyCorp in Qld?
If so, these requirements are not happening and can be an.issue under Law?
In Queensland, Committee meeting minutes have to be distributed after 21 days.
https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/committees-meetings/committee-meetings/running
There is no set time for correspondence but if an owner submits a correct motion to the Committee for consideration this must be responded to within six weeks.
https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/committees-meetings/general-meetings/submitting-motions
does the above relate to NSW ACT
Hi Zlata
This Q&A on distributing meeting minutes applies to NSW: Our strata manager told me she doesn’t have to distribute the General Meeting minutes until two weeks before the next General Meeting.