South Australian Current Acts South Australian Current Acts33—Holding of general meetings
(1) A
strata corporation may hold a meeting of its members (a
"general meeting") at any time.
(2) Such a meeting may
be convened by—
(a) the
secretary; or
(b) if
the corporation has a management committee—any two members of the
committee; or
(c) the
unit holders of one-fifth or more of the total number of units; or
(d) in
the case of the first such meeting—the original registered proprietor;
or
(e)
order of the Magistrates Court (made on the application of a person of a class
specified in section 41AA).
(3) A meeting is
convened by giving written notice of the day, time and place of the meeting to
all unit holders at least 14 days before the date of the meeting.
(3aa) A unit holder
may not nominate another person to be given notices referred to in
subsection (3) on his or her behalf (although nothing prevents the
strata corporation from agreeing to provide notices to such a person in
addition to the unit holder).
(3a) A person or group
of persons proposing to convene a meeting of the members of a
strata corporation should take reasonable steps to ensure that the proposed
day, time and place are reasonably convenient to a majority of members of the
corporation.
(4) The corporation
must hold at least one such meeting (the "annual general meeting ) in every
calendar year and no more than 15 months after the last such meeting.
(4a) The notice
convening a general meeting must set out the agenda for the meeting.
(4b) The agenda must
include—
(a) the
text of any unanimous or special resolutions to be moved at the meeting; and
(b) a
motion confirming the minutes of the previous general meeting; and
(c) in
the case of an annual general meeting—
(i)
presentation of the accounts for the previous
accounting period; and
(ii)
contributions to be paid by members for the current
accounting period; and
(iii)
presentation of statements required under
section 33A; and
(iv)
presentation of copies of all insurance policies required
under this Act; and
(v)
such other matters as are required by regulation.
(5) Subject to
subsection (6), no business may be transacted at a general meeting of the
corporation unless a quorum, consisting of persons entitled to exercise the
voting power in respect of not less than one-half of the units, is present at
the time when the meeting proceeds to business.
(6) If a quorum is not
formed within half an hour of the time appointed for a general meeting of the
corporation—
(a) the
unit holders present must appoint another day for the meeting, being a day at
least seven days but not more than 14 days away; and
(b) the
meeting then stands adjourned to that day at the same place and time; and
(c) if
the quorum is not formed at the adjourned meeting within half an hour of the
relevant time, the persons who are present and entitled to vote constitute a
quorum.
(7) Where a meeting of
the corporation is adjourned under subsection (6), the secretary of the
corporation must cause reasonable notice of the day, place and time of the
adjourned meeting to be given, in writing, to the unit holders.
(8) Subject to
subsection (9), 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.
(9) 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 employer is taken not
to be entitled to vote for that purpose except in circumstances prescribed by
the regulations).
(10) 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.
(11) A unit holder
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
strata corporation to provide such facilities to unit holders who wish to
attend or vote in such a manner).
(12) In this
section—
"accounting period", for a strata corporation, means the accounting period for
the corporation under section 40(2).