EGM Overview
Occasionally, owners may require an Extraordinary General Meeting (EGM) to be convened to discuss a matter which cannot wait until the next Annual General Meeting (AGM).
EGMs are required for a number of reasons. For example;
A motion to raise a special levy
A motion to seek permission for structural alterations to a lot by an owner
A motion to create, amend or repeal a by-law
An EGM can be called at any time by the Council of the Strata Company, or at the request of owners who collectively hold a minimum of 25% of the total unit entitlement of the scheme.
128. Extraordinary general meetings of strata company
(1) An extraordinary general meeting of a strata company is a general meeting of the strata company other than an annual general meeting.
(2) An extraordinary general meeting of a strata company —
(a) may be convened by the council of the strata company as the council thinks fit; and
(b) must be convened by the council of the strata company on the written request of owners entitled to 25% or more of the unit entitlements of the lots in the strata titles scheme.
You can refer to the buttons below for an expansion of this Section of the Strata Titles Act.
When it is agreed that an EGM is to be convened, the exact wording of the motion/s must be submitted to the Council of the Strata Company, to enable the preparation and distribution of the notice.
We have created a template, to assist you with your notice.
Requisition for EGM - Pro Forma.pdf
An EGM can take place without the Strata Manager being present. If the Council of Owners has the knowledge and confidence that they will meet all the criteria as set out in the Act, they can arrange and run the EGM themselves. ESM would then require a copy of the notice and minutes for record keeping purposes.
Where it is necessary for the Strata Manager to attend, additional charges apply, which are set out in our Strata Management Agreement.
The Strata Manager's time to attend the meeting is charged at $200 per hour + GST (or part thereof). To convene an EGM at our offices, ESM charges $220.00. This covers the cost to prepare the notice. There is an additional charge for postage of the notice.
The Council of the Strata Company will advise ESM who these charges will apply to (the Strata Company or the lot owner calling for the EGM to be held).
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Section 128. Extraordinary General Meetings of Strata Company
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Schedule 1 (12) Proceedings at General Meetings
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Section 128. Extraordinary general meetings of strata company
(1) An extraordinary general meeting of a strata company is a
general meeting of the strata company other than an annual
general meeting.
(2) An extraordinary general meeting of a strata company —
(a) may be convened by the council of the strata company
as the council thinks fit; and
(b) must be convened by the council of the strata company
on the written request of owners entitled to 25% or more
of the unit entitlements of the lots in the strata titles
scheme.
(3) The owners making a request under subsection (2)(b), or any of
them holding more than 50% of the unit entitlements of the lots
in the strata titles scheme, may convene an extraordinary
general meeting if the council does not, within 21 days after the
request was made, take steps to convene the meeting.
(4) To the extent practicable, a meeting referred to in subsection (3)
must be convened in the same manner as that in which meetings
are to be convened by the council.
(5) A meeting convened under subsection (3) must not be held after
the expiration of the period of 3 months starting on the day on
which the request was made.
(6) All business transacted at an extraordinary general meeting is
taken to be special business.
[Section 128 inserted: No. 30 of 2018 s. 83.]
(1) All business shall be deemed special that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the council, or at an extraordinary general meeting.
(2) Except as otherwise provided in these by-laws, no business may be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business.
(3) One-half of the persons entitled to vote present in person or by duly appointed proxy constitutes a quorum.
(4) If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting, if convened upon the requisition of proprietors, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the persons entitled to vote and present constitute a quorum.
(4a) Sub-bylaws (3) and (4) do not apply to a general meeting of a strata company referred to in section 50B.
(5) The chairman, may with the consent of the meeting, adjourn any general meeting from time to time and from place to place but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(6) Except where otherwise required by or under the Act, resolutions may be passed at a general meeting by a simple majority vote.
(7) At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy.
(8) Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
(9) A demand for a poll may be withdrawn.
(10) A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.
(11) In the case of equality in the votes whether on a show of hands or on a poll, the question is determined in the negative.
[By-law 12 amended: No. 58 of 1995 s. 87(5); No. 74 of 2003 s. 112(21).]
(1) All business shall be deemed special that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the council, or at an extraordinary general meeting.
(2) Except as otherwise provided in these by-laws, no business may be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business.
(3) One-half of the persons entitled to vote present in person or by duly appointed proxy constitutes a quorum.
(4) If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting, if convened upon the requisition of proprietors, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the persons entitled to vote and present constitute a quorum.
(4a) Sub-bylaws (3) and (4) do not apply to a general meeting of a strata company referred to in section 50B.
(5) The chairman, may with the consent of the meeting, adjourn any general meeting from time to time and from place to place but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(6) Except where otherwise required by or under the Act, resolutions may be passed at a general meeting by a simple majority vote.
(7) At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy.
(8) Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
(9) A demand for a poll may be withdrawn.
(10) A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.
(11) In the case of equality in the votes whether on a show of hands or on a poll, the question is determined in the negative.
[By-law 12 amended: No. 58 of 1995 s. 87(5); No. 74 of 2003 s. 112(21).]
Section 128. Extraordinary general meetings of strata company
(1) An extraordinary general meeting of a strata company is a
general meeting of the strata company other than an annual
general meeting.
(2) An extraordinary general meeting of a strata company —
(a) may be convened by the council of the strata company
as the council thinks fit; and
(b) must be convened by the council of the strata company
on the written request of owners entitled to 25% or more
of the unit entitlements of the lots in the strata titles
scheme.
(3) The owners making a request under subsection (2)(b), or any of
them holding more than 50% of the unit entitlements of the lots
in the strata titles scheme, may convene an extraordinary
general meeting if the council does not, within 21 days after the
request was made, take steps to convene the meeting.
(4) To the extent practicable, a meeting referred to in subsection (3)
must be convened in the same manner as that in which meetings
are to be convened by the council.
(5) A meeting convened under subsection (3) must not be held after
the expiration of the period of 3 months starting on the day on
which the request was made.
(6) All business transacted at an extraordinary general meeting is
taken to be special business.
[Section 128 inserted: No. 30 of 2018 s. 83.]
Example Case:
Jennifer lived in a complex of 12 units in Thornlie. She had recently purchased the unit and wanted to carry out some renovations.
She wanted to make some alterations to the unit which included the installation of bi-fold doors, and removal of an entire wall to open up the kitchen area. As the alterations would be deemed structural, she needed approval via a resolution without dissent (under section 7 of the STA 1985). The AGM had only just occurred two months prior and Jennifer did not want to wait another 10 months before commencing the renovations. She requested that the COO convene an EGM to have the matter resolved.
Jennifer's request was agreed to on the basis that the costs associated with the EGM were paid by her and not the Strata Company. She provided the secretary of the COO the motion and all the associated information relating to the proposed changes. This was sent out to all owners along with the notice and agenda paperwork.
The EGM was convened, and all concerns and questions raised by other owners, were addressed. The motion was passed, and the Council arranged for the approval letter to be forwarded to the owner. Jennifer was then free to proceed with her renovations as outlined in her application