New South Wales Consolidated Acts New South Wales Consolidated ActsThis Schedule applies to meetings of the strata committee of an owners corporation.
The provisions of this Schedule are subject to the regulations, but only to the extent that the regulations relate to large strata schemes.
In this Schedule--
"owner" means an owner of a lot in the strata scheme for which a meeting is
held or proposed to be held.
"tenant member" means a tenant representative nominated for a strata committee
under section 33.
(1) The secretary of the owners corporation of a large strata scheme must give notice of a meeting to each other member of the strata committee (including any tenant member) at least 3 days before the meeting and to each owner.
(2) Notice is to be given in accordance with section 263 and by displaying the notice on the notice board (if any) maintained by the owners corporation.
(1) The secretary of the owners corporation of a strata scheme that is not a large strata scheme must give notice of a meeting to each other member of the strata committee at least 3 days before the meeting and to each owner.
(2) Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or in accordance with section 263.
Nothing in this Part requires an owner to give notice of a meeting to himself or herself.
The notice of a meeting must include a detailed agenda for the meeting.
(1) Chairperson to preside The chairperson of the owners corporation is to preside at any 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 strata committee present at that meeting may elect one of their number 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 his or her own right if otherwise entitled.
(4) Chairperson may be only person present A meeting is, subject to the provisions of this Schedule relating to the quorum, validly held even though the only person present at the meeting is the chairperson of the owners corporation.
(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) or in the manner set out in subclause (2). If there is only one member of the strata committee, the decision of the strata committee is the decision of that member.
(2) 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 strata committee, and(c) the motion was approved in writing by a majority of the members of the committee (other than the tenant member).
(3) Decisions to have no effect if opposed by more than specified owners A decision of a strata committee has no force or effect if, before the decision is made, notice is given to the secretary of the owners corporation by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.
(4) Voting rights cannot be exercised if contributions not paid A member of the strata committee is not entitled to vote on any motion put or proposed to be put to the strata committee if the member was, or was nominated as a member by a member who was, an unfinancial owner of a lot in the strata scheme at the date notice of the meeting was given and the amounts owed by the unfinancial owner were not paid before the meeting.
(5) Tenant member not entitled to vote A tenant member of a strata committee is not entitled to vote on any motion put or proposed to be put to a strata committee.
(1) A vote at a meeting by a person entitled to vote may be cast--(a) in person, or(b) if another means has been specified in the notice--by the other means.Note--: A person may be present at a meeting even if not actually at the meeting. See section 4(1), definition of
"person present" .
(2) If a means of voting has been specified in the notice under subclause (1)(b), the secretary of the owners corporation or, if a strata managing agent is exercising the functions of the secretary, the strata managing agent must take reasonable steps to ensure that each person entitled to vote at the meeting can participate in, and vote at, the meeting by that means.
(3) The regulations may make provision about the following--(a) the means of voting that may be specified under subclause (1)(b),(b) the circumstances in which a particular means of voting may be specified under subclause (1)(b),(c) without limiting paragraph (a), procedures for voting by a specified means,(d) restricting, prohibiting or requiring the use of specified means of voting,(e) what may or may not constitute reasonable steps taken by the secretary of the owners corporation or strata 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 a strata committee 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 a strata committee which has only one 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 a strata committee is to be calculated on the basis of the number of members last determined by the owners corporation for the committee.
An owner or, if the owner of a 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 resolution of the strata committee.
A person is not entitled to move a motion 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 or the by-laws of the strata 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 owners corporation must give to the members of the owners corporation, at least 1 day before the resumed meeting, a notice specifying the time and place of the meeting.
(4) Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or, if there is no notice board, in writing (including by email or other electronic means).
(1) Records to be kept A strata 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 7 days after a meeting of a strata committee or the passing of a resolution by the strata committee, the strata 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 strata committee a copy,(b) by giving each owner a copy, if the strata scheme is not a large strata scheme,(c) by giving an owner a copy, if the strata scheme is a large strata scheme and the owner requests a copy within the period of 7 days.
(1) If--(a) a member of a strata 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 strata committee.: Maximum penalty--10 penalty units.
(2) A disclosure by a member at a meeting of the strata 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 strata 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 strata 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 strata committee with respect to the matter, or(b) take part in any decision of the strata committee with respect to the matter.
(6) A contravention of this clause does not invalidate any decision of the strata 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.