Summary

• The Strata Companies Annual General Meeting is the most important event of the Strata Company.
• Each Strata Company must hold an AGM (exemptions apply automatically to a 2 lot scheme and 3-5 lot schemes if they have a registered by-law exempting them from this requirement)  
• Any general meeting held outside of an AGM is an Extraordinary General Meeting (EGM)
• The meeting notice and agenda will specify the meeting details and the motions to be resolved. There will be statutory motions to pass and there may also be specific items to vote on (such as maintenance items).
• Only motions included on the agenda need be discussed and resolved. Owners can request items of business to be included on the agenda prior to the meeting notice being circulated, but not after. 
• At the AGM, the Council of Owners are elected, the budget is set, and levies are raised to fund that budget. The AGM is an owner's  opportunity to help shape the direction of the Strata Company for the coming year.
• The strata company must hold the next AGM no more than 15 months after its last meeting. 
• The standard by-laws dictate how the general meeting is conducted. However, the updated STA Amendments 2019 will move the meeting requirements out of the by-laws and into the Act.
  
  

More Information

• Schedule 1 By-laws -
  
  11. General meetings of strata company
  
  (1) General meetings of the strata company shall be held once in each year and so that not more than 15 months shall elapse between the date of one annual general meeting and that of the next.
  
  (2) All general meetings other than the annual general meeting shall be called extraordinary general meetings.
  
  (3) The council may whenever it thinks fit and shall upon a requisition in writing made by proprietors entitled to a quarter or more of the aggregate unit entitlement of the lots convene an extraordinary general meeting.
  
  (4) If the council does not within 21 days after the date of the making of a requisition under this by-law proceed to convene an extraordinary general meeting, the requisitionists, or any of them representing more than on-half of the aggregate unit entitlement of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene an extraordinary general meeting, but any meeting so convened shall not be held after the expiration of 3 months from the date on which the requisition was made.
  
  (5) Not less than 14 days’ notice of every general meeting specifying the place, the date and the hour of meeting and in case of special business the general nature of that business, shall be given to all proprietors and registered first mortgages who have notified their interest to the strata company, but accidental omission to give the notice to any proprietor or to any registered first mortgagee or non-receipt of the notice by any proprietor or by any registered first mortgagee does not invalidate any proceedings at any such meeting.
  
  (6) If a proprietor gives notice in writing to the secretary of an item of business that the proprietor requires to be included on the agenda for the next general meeting of the strata company, the secretary shall include that item on the agenda accordingly and shall give notice of that item as an item of special business in accordance with sub-by-law (5) of this by-law.
  
  12. Proceedings at general meetings
  
  (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 and hour from the time appointed for the meeting, the persons entitled to vote and present constitute a quorum. a) 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, resolution 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 of 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 pool 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.

STAA 2018 changes (excerpt from Landgate)

Moving general meeting provisions out of the by-laws and into the Act. The requirements relating to general meetings of a strata company (including voting rights) are currently set out in Schedule 1. Schedule 1 by-laws are only default by-laws and such by-laws may be repealed or amended at any time.

The requirements relating to general meetings of a strata company will be moved into the Act so that the key governance of those general meetings (including voting rights) of owners will not be subject to change except by amendment to the Act. This is consistent with how other States specify strata company meeting requirements in their legislation (instead of in the by-laws).

The requirements relating to general meetings that will become part of the Act are:

• the requirement to hold an annual general meeting (AGM) (except for 2 lot schemes)
• the following matters must be included on the agenda for each AGM:
  • election of council members
  • consideration of accounts
  • the presentation of copies of certificates and schedules for the insurance required under the Act, current as at the date of the meeting
• that an extraordinary general meeting (EGM): may be convened by the council as the council thinks fit and must be convened when owners, who have at least 25% of the unit entitlement, make a written request to the council
• every owner must be given at least fourteen days’ notice of every general meeting
• the notice of a general meeting can set out the method of voting (by electronic communication or otherwise)
• no business may be transacted at a general meeting unless a quorum is present
  • a quorum for a two-lot scheme is both owners
  • a quorum for a scheme of more than two lots is 50% of the people entitled to vote if, after thirty minutes, a quorum is not present at a general meeting the people entitled to vote who are present are taken to constitute a quorum (this does not apply to two lot schemes)
• the chairperson may adjourn the general meeting with the consent of those present
• only people who are entitled to vote may move a motion at a general meeting
• resolutions may be passed at a general meeting by a simple majority (ordinary resolution) unless the Act otherwise provides
• an owner is not entitled to vote at a general meeting where the resolution is an ordinary resolution or a special resolution unless the owner has paid: all contributions payable for the owner’s lot and
  any other money payable by an owner to the strata company under the Act
• an owner is entitled to vote on a resolution without dissent or unanimous resolution even if they owe money to the strata company
• unless a poll is demanded by a person who is entitled to vote, and is present at a meeting, votes at a general meeting must be by show of hands 
• a show of hands may be given by:
  • raising a hand at the meeting
  • making an oral statement at the meeting
  • giving a written statement to the chairperson or
  • a method set out in the notice of the meeting (e.g: by voting electronically)
  • a proxy vote may only be exercised where the proxy has been appointed in writing.
• Resolutions can now occur outside of a general meeting. It is integral that any voting system is clear, concise, and maintains the integrity of the voting system in which the draft regulations have made provisions for this. ESM considers that voting outside of a General Meeting would be advantageous for matters such as installations – air conditioners, HWS that DO NOT require discussion. It is our opinion that matters such as changing by-laws, amending strata plan, changing common property are best guided by discussion and may be better facilitated by holding a meeting.