The Annual General Meeting (AGM) is the only compulsory meeting for a body corporate and, as the name suggests, must be held annually. All lot owners are invited to participate by voting and/or attending. This meeting normally occurs within three months of the body corporate’s financial year end and will consider matters such as:
- Undertaking an audit
- Approving budgets
- Approving for Administrative and Sinking Fund levies
- Approving insurance levies (where applicable)
- Any other matters the committee or owners have formally submitted
- Electing a committee
What is an EGM (Extraordinary General Meeting)?
An Extraordinary General Meeting (EGM) is an additional general meeting that may be held throughout the year, should the need arise. Like an AGM, all lot owners are invited to participate by voting and/or attending the meeting.
EGM’s usually occur to consider important matters that fall outside the authority of the committee, requiring all lot owners the ability to vote on those particular matters.
While EGM’s are usually planned by the Committee with assistance from the strata manager, strata legislation also allows 25% of lot owners to requisition an EGM by way of petition.
What are ‘resolutions’?
A ‘resolution’ is the recorded decision of voters at any particular meeting. This resolution and the number of votes for and against is recorded in the minutes of the meeting, that form part of the body corporate’s permanent records, for ongoing reference.
There are several different types of resolution, dependent on the level of authority and approval required for certain matters to proceed. The strata legislation determines which type of resolution are required for certain matters. Generally, the more sensitive or impactful a decision, the higher level of resolution and approval it requires.
Ordinary resolution
An ordinary resolution occurs when the votes in favour are greater than the votes against. This is the way most general meeting resolutions are made.
Examples of motions which need an ordinary resolution include:
- adopting administrative and sinking fund budgets
- setting annual body corporate contributions.
Each lot has 1 vote on a motion that can be decided by ordinary resolution. However, a person entitled to vote can ask for a poll vote.
Special resolution
A special resolution occurs when all of the following three requirements are met:
- at least two-thirds of votes are in favour; and
- no more than 25% of the total number of lots vote against; and
- the total contribution lot entitlements of the votes against the motion is not more than 25% of the scheme’s aggregate contribution lot entitlements.
Examples of matters requiring a special resolution include:
- changing the body corporate by-laws (except exclusive use by-laws)
- common property improvements costing more than $2,000 per lot
Resolution without dissent
A resolution without dissent is one where none of the lots that cast a vote, vote against the motion: all other votes must be in favour of the motion or an abstention must be noted.
A motion is passed by resolution without dissent only if there are no votes against the motion (i.e. there are no, “no” votes).
Examples of matters requiring a resolution without dissent include:
- selling any part of common property
- adding or amending an exclusive use by-law.
Majority resolution
Majority resolutions occur very infrequently.
A majority resolution occurs if the votes in favour are more than 50% of lots (with a voting entitlement) and proxies are not permitted on these types of motions.