Tuesday, October 20, 2020

Calling an extraordinary general meeting | NSW

General meetings, other than AGMs, should be held when needed.

There are two ways to arrange for a general meeting:

  • the Secretary or strata committee can convene an extraordinary general meeting at any time, or
  • if owners entitled to vote, who together hold at least a quarter of the total unit entitlements, ask for a meeting in writing.

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 request is a “qualified request”, for the purposes of section 19 of the Act, 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.

Calling an extraordinary general meeting – The secretary refuses to convene a meeting

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. (Section 20)

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.

Please note it is a requirement of NCAT that the applicant must provide evidence of attempted mediation in a Section 20 application to the tribunal.

Note: The process of seeking and obtaining adjudicator’s orders in the NSW Civil and Administrative Tribunal (“NCAT”) can take from 3-6 months, or longer.

Calling an extraordinary general meeting requires a written notice of a meeting must, at least 7 days before the meeting, be given to each owner. (Schedule 1, section 7)

Strataville Editorial
Follow Us

Share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on email

Leave a Reply

Latest Article

Follow Us

Hello!

Drop us a message!