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AGM – Notice Period and Voting rights


20 Jan 2023

For each strata plan, an Annual General Meeting (AGM) is a mandatory and important meeting held once a year for an owners corporation. It’s normally held within 2- 3 months after the owners corporation financial year ends (normally a different owners corporation would have a different financial year cycle). For large owners corporations (more than 100 lots), it may take longer to prepare the notice as auditing is mandatory.

The notice period of an AGM as specified in the Strata Schemes Management Act 2015 (The Act) must be provided in writing at least 7 clear days prior to the meeting, however the convener of the first AGM is required to provide 14 clear days’ notice of the meeting. Weekends and public holidays are counted as clear days. For 7 clear days, the day the notice is sent out and the day meeting is held, cannot be counted. If the owners corporation is to serve notices via post as per the strata roll, the owners corporation must allow 7 working days for postage. If all owners have authorised to receive their notice by electronic means, 7 working days is no longer required.

Each lot has one vote even though the lot may have multiple co-owners. Voting right cannot be exercised if the contributions are not paid or the owner/person is not shown on the strata roll and, in the case of a corporation, the company nominee is not shown on the strata roll.
 

The owner may exercise voting via the following method:

 
  1. Cast vote at the meeting (by show of hands or voting paper)
  2. Assign a proxy to vote if the owner cannot attend the meeting
  3. Pre-meeting electronic voting

Majority of motions are resolved by ordinary resolution (passed by simple majority’s consent), however if the owners corporation decide certain motions are to be voted by poll vote at the meeting or the motion needs to be resolved via special resolution, unit entitlements of the voting lots need to be calculated to determine whether the motion is passed or defeated.

Please refer to part 4, Schedule 1 of The Act for the regulations regarding other situations in relation to voting rights.
 

Rick Chang
Lic. Strata Manager