Thursday, October 1, 2020

Owners Corporation Act 2006

Part 4
Division 4
Section 78

Can a general meeting proceed even without a quorum? | Section 78

(1)     Subject to subsection (4), if there is not a quorum, the general meeting may proceed but all resolutions are interim resolutions.

(2)     Notice of all interim resolutions and the minutes of the meeting at which the interim resolution is made must be forwarded to all lot owners within 14 days of the meeting.

(3)     The minutes must be accompanied by a notice setting out the effect of subsection (4).

(4)     Interim resolutions become resolutions of the owners corporation—

(a)     subject to paragraphs (b) and (c), 29 days from the date of the interim resolution; or

(b)     if notice of a special general meeting is given within that 29 day period and the meeting is held within 28 days after the notice is given, only if confirmed at that meeting; or

(c)     if notice of a special general meeting is given within that 29 day period and the meeting is not held within 28 days after the notice is given, at the end of that 28 day period.

Note

The effect of subsection (4) is that an interim resolution cannot be acted on for 29 days after it is made but if notice of a special general meeting is given within that 29 day period, the interim resolution cannot be acted on until the resolution is confirmed at that meeting (which must be held within 28 days after the notice is given) or if the meeting is not held, until the end of that 28 day period.

(5)     An interim resolution cannot be made under this section in respect of a matter requiring a unanimous resolution or a special resolution.

S. 79 substituted by No. 2/2008 s. 15.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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