Friday, 26 February 2021

How Do I Call a Strata Meeting in South Australia?

Stratarama How Do I Call a Strata Meeting in South Australia?

An Extraordinary General Meeting can be called by the Secretary, any two members of the Management Committee or one-fifth of the unit Owners (i.e one-fifth of the number of units in the complex per the  Strata Title Act 1988.

At least 14 days’ notice needs to be provided to all Owners before the meeting, along with an agenda containing the proposed motions so that Owners are aware of what is being voted on.

Depending on the items on your agenda, will depend on whether these motions can be passed by a simple majority of the Owners able to vote (financial members have no voting rights except for unanimous resolutions)  or whether a special or unanimous resolution must be passed.

Your agenda should not only detail all the necessary motions but also have attached any quotes or corresponding information/ documentation which would assist the Members in making their decision and to ensure that those who may submit a proxy, are familiar in advance of all the specifics.

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Provided that the above steps are followed correctly, your meeting will be duly convened correctly and Owners/ Members will be bound by the decisions made at this meeting.

For the Strata Corporations, 50% is the required number of units that must be represented in order for a quorum to be present at the meeting, and therefore for the business to be able to take place.

For simple ordinary resolutions to be passed at a meeting, the group will first need the above quorum to be present. Then the decisions can be passed by the majority. For example, if you are an Owners in a group of 6 units, where 4 Owners attend, a majority of that quorum would by 3.

If only 3 Members attended (remembering that your quorum is only 50%), then a majority decision would be passed by 2 Unit Owners present and able to vote.

Don’t forget that some Owners may elect to appoint a proxy for the meeting, and that proxy vote will count as part of your quorum (provided the elected proxy is of course present at this meeting).

Further, remember that decisions made by the Strata, for the Strata require input from the Members. As such, it is vital that all Owners be issued the agenda/ meeting notice for this meeting, with a sufficient timeframe for the notice.

Whilst not all Owners will necessarily attend the meeting, and some may not provide a proxy either, they must be given the opportunity to consider the matters on the agenda and determine whether or not they will attend/ appoint a proxy. All Owners have the right to consider the business before the group.

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