South Australian Current Acts

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COMMUNITY TITLES ACT 1996 - SECT 83

83—Procedure at meetings

        (1)         Subject to subsection (3a), the presiding officer of a corporation will preside at general meetings of the corporation.

        (2)         The developer (or one of the developers if there are two or more), or the person appointed by the developer to attend and vote on the developer's behalf, will preside at the first statutory general meeting of the corporation until the presiding officer has been appointed.

        (3)         In the absence of the presiding officer, a person present may be appointed to preside at the meeting by the persons present and entitled to vote at the meeting.

        (3a)         A person who is a body corporate manager in relation to a corporation, or is an employee of such a body corporate manager, may preside at a meeting of the corporation if a majority of the persons present and entitled to vote at the meeting agree to that person presiding (and the body corporate manager or employee is taken not to be entitled to vote for that purpose except in circumstances prescribed by the regulations).

        (3b)         The regulations may make further provision in relation to the procedures to be followed at a meeting at which a body corporate manager, or an employee of a body corporate manager, is to preside.

        (4)         The quorum for the transaction of business at a general meeting is determined by dividing the number of persons entitled to attend and vote at the meeting by two, disregarding any fraction and adding one.

        (5)         If a quorum is not present within half an hour of the time appointed for a general meeting—

            (a)         the members present must appoint—

                  (i)         another day for the meeting being at least seven days but not more than 14 days later; and

                  (ii)         the time and place for the meeting; and

            (b)         the meeting stands adjourned to that day at that time and place; and

            (c)         if a quorum is not formed at the adjourned meeting within half an hour, the persons present who are entitled to vote constitute a quorum.

        (6)         Where a meeting of a corporation is adjourned under subsection (5), the secretary of the corporation must cause reasonable notice of the day, time and place of the adjourned meeting to be given in writing to the members of the corporation.

        (6a)         A member may, in accordance with any requirements prescribed by regulation, attend, and vote, at a meeting by telephone, video-link, Internet connection or any similar means of remote communication (provided that no obligation lies on a community corporation to provide such facilities to members who wish to attend or vote in such a manner).

        (7)         Except where otherwise provided by this Act or by the by-laws of a community corporation, the decisions of the corporation in general meeting will be made by ordinary resolutions.

        (8)         A corporation must cause accurate minutes to be kept of proceedings at its meetings.

        (9)         Subject to this Act and the by-laws, a corporation may determine procedures at its meetings.



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