New South Wales Consolidated Acts New South Wales Consolidated ActsThis Schedule applies to meetings of the association committee of an association.
In this Schedule--
"owner" means an owner of a relevant lot in the scheme for which a meeting is
held or proposed to be held.
"relevant lot" for a scheme means--
(a) a community development lot, in the case of a community scheme, or
(b) a precinct development lot, in the case of a precinct scheme, or
(c) a neighbourhood lot, in the case of a neighbourhood scheme.
(1) The secretary of the association of a scheme must give notice of a meeting to each other member of the association committee at least 3 days before the meeting and to each owner.
(2) Notice is to be given in accordance with section 225.
Nothing in this Part requires an owner to give notice of a meeting to the owner.
The notice of a meeting must include a detailed agenda for the meeting.
(1) Chairperson to preside The chairperson of the association is to preside at a meeting at which the chairperson is present.
(2) Presiding member where chairperson absent In the chairperson's absence from a meeting, the members of the association committee present at that meeting may elect 1 of the members to preside at that meeting and the person so elected is, while so presiding, taken to be the chairperson.
(3) Chairperson does not have casting vote The chairperson does not have a casting vote in relation to any motion but may vote in the chairperson's own right if otherwise entitled.
(4) Chairperson may be only person present A meeting is, subject to the provisions of this Act relating to the quorum, validly held even though the only person present at the meeting is the chairperson.
(1) Voting at meetings A motion put to a meeting is to be decided according to a majority of the number of the votes cast for and against the motion by the members present (other than any tenant member, in the case of a neighbourhood committee) or in the manner set out in subclause (3).
(2) If there is only 1 member of the association committee, the decision of the committee is the decision of that member.
(3) Voting in writing A motion proposed to be put to a meeting is taken to have been validly passed even if the meeting was not held if--(a) notice was given of the meeting in accordance with this Schedule, and(b) a copy of the motion was given to each member of the committee, and(c) the motion was approved in writing by a majority of the members of the committee (other than any tenant member, in the case of a neighbourhood committee).
(4) Decisions to have no effect if opposed by more than specified owners A decision of an association committee has no force or effect if, before the decision is made, notice is given to the secretary of the association by 1 or more owners of relevant lots, the sum of whose unit entitlements exceeds one-third of the total unit entitlements, that the making of the decision is opposed by those owners.
(5) Voting rights cannot be exercised if contributions not paid A member of the association committee is not entitled to vote on any motion put or proposed to be put to the committee if the member was, or was nominated as a member by a member who was, an unfinancial member of the scheme at the date notice of the meeting was given and the amounts owed by the unfinancial member were not paid before the meeting.
(6) Tenant member not entitled to vote A tenant member of a neighbourhood committee is not entitled to vote on any motion put or proposed to be put to the committee.
(1) A vote at a meeting by a person entitled to vote may be cast--(a) in person, or(b) if another way is specified in the notice given for the meeting--in the other way.Note--: A person may be present at a meeting even if not actually at the meeting. See the Dictionary, definition of
"person present" .
(2) If a way of voting has been specified in the notice under subclause (1)(b), the secretary of the association or, if a managing agent is exercising the functions of the secretary, the managing agent must take reasonable steps to ensure each person entitled to vote at the meeting can participate in and vote at the meeting.
(3) The regulations may provide for the following--(a) the ways of voting that may be specified under subclause (1)(b),(b) the circumstances in which a particular way of voting may be specified under subclause (1)(b),(c) without limiting paragraph (a), procedures for voting in a way specified under subclause (1)(b),(d) restricting, prohibiting or requiring the use of specified ways of voting,(e) what may or may not constitute reasonable steps taken by the secretary of the association or managing agent for the purposes of subclause (2).
The declaration of the chairperson of the result of the voting on any motion at a meeting is conclusive without proof of the votes recorded for and against the motion.
(1) Quorum required for motion A motion submitted at a meeting of an association must not be considered unless there is a quorum present to consider and vote on the motion.
(2) When quorum exists A quorum is present at a meeting only in the following circumstances--(a) in the case of an association which has only 1 member--if the member is present,(b) in any other case--if not less than one-half of the persons entitled to vote on the motion are present.
(3) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum.
(4) The quorum for meetings of an association committee is to be calculated on the basis of the number of members last determined by the association for the committee.
An owner or member or, if the owner of a relevant lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by the resolution of the association committee.
A person is not entitled to move a motion at a meeting unless the person is entitled to vote on the motion.
The chairperson at a meeting may rule a motion out of order if the chairperson considers that the motion, if carried, would conflict with this Act, the management statement, or the by-laws of a strata scheme that is part of the association scheme, or would otherwise be unlawful or unenforceable.
(1) A meeting may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
(2) The time and place at which a meeting adjourned under this Part is to be resumed must be fixed by the person who was presiding at the meeting.
(3) The secretary of the association must give to the members of the association, at least 1 day before the resumed meeting, a notice specifying the time and place of the meeting.
(4) Notice is to be given in writing (including by email or other electronic means).
(1) Records to be kept An association committee must cause to be kept a record of its decisions, any notices given under this Schedule and full and accurate minutes of its meetings.
(2) The minutes must include minutes of all resolutions passed in accordance with this Schedule.
(3) Distribution of minutes and records of motions Within 14 days after a meeting of an association committee or the passing of a resolution by the committee, the committee must provide copies of the minutes of the meeting or of the resolution in the following manner--(a) by giving each member of the committee a copy,(b) by giving an owner of a relevant lot or a member of the scheme a copy, if the owner or member requests a copy within the period of 7 days after the meeting.
(1) If--(a) a member of an association committee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the association committee.: Maximum penalty--10 penalty units.
(2) A disclosure by a member at a meeting of the association committee that the member--(a) is a member, or is in the employment, of a specified corporation or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified corporation or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that corporation or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the association committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the committee.
(4) After a member has disclosed the nature of an interest in any matter, the member must not--(a) be present during any deliberation of the committee with respect to the matter, or(b) take part in any decision of the committee with respect to the matter.
(6) A contravention of this clause does not invalidate any decision of the association committee.
(7) Without limiting subclause (1), a person has an indirect pecuniary interest in a matter if a person connected with the person has a direct interest in the matter.