South Australian Current Acts

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33—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).

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