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Meeting Governance

Amendments to the Strata Schemes Management Act 2015

A general article prompt for reviewing meeting workflows against legislative and professional guidance.

From the eVotters blog archive

Enhanced Strata Committee Member Removal: Streamlined Process and 12-Month Ban:

Formerly, an owners corporation could dismiss a strata committee member through a special resolution at a general meeting.

Strata Committee Election Flexibility: Shifting from Fixed Terms to Mid-term Changes:

With this amendment, a shift occurred: members can now be elected not only during the traditional annual general meetings but also at other general meetings specifically convened for this purpose.

Compulsory Electronic Record Keeping: New Obligations for Owners Corporations:

Initially, the Act did not require owners corporations to maintain electronic records.

Empowered Voting: Clarification on Power of Attorney at General Meetings:

Initially, the Act did not acknowledge the standalone use of a power of attorney for exercising voting rights on behalf of a lot owner, with supporting caselaw suggesting this was not permitted.

Extended AGM Notice Period: Doubling the Notification Time:

Previously, owners corporations had to give lot owners a minimum of 7 days' notice for any general meeting.

Clear Prohibition: Owners Corporations Barred from Animal-Related Bonds and Fees:

Formerly, recent amendments had nearly eliminated an owners corporation's ability to restrict occupants from keeping animals, but the Act did not address whether a bond or fee could be imposed for this purpose.

Mandatory Two Quotes for Expenditures: Applicability Across All Scheme Sizes:

Previously, owners corporations with more than 100 lots were mandated to acquire at least 2 quotes for expenditures exceeding $30,000.

Reduced Levy Notice Periods: Balancing Urgency and Financial Impact:

Previously, a 30-day notice was mandatory before a levy contribution could be deemed due and payable.

Expansion of Compulsory Appointment Applicants: Secretary of Fair Trading Inclusion:

The Act initially specified a restricted group eligible to apply for the compulsory appointment of a strata managing agent through the NSW Civil and Administrative Tribunal.

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