204. **SPECIAL EPISODE** Coronavirus: can we avoid in-person strata meetings?

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  3. 204. **SPECIAL EPISODE** Coronavirus: can we avoid in-person strata meetings?

I’m releasing a special edition of the podcast this weekend, answering a question many owners, committee members and strata managers have been asking:

Do we have to hold our strata meetings in person? We’re all trying to reduce the risk and spread of infection. Is there a legal way to avoid in-person meetings?

This episode is your short guide to the current state of the law in NSW when it comes to strata meetings, in particular: what you need to cover off if you do not want to hold meetings in person.

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5 Comments. Leave new

  • The problem with pre-meeting electronic and proxy voting is that owners cast their votes (or leave it to others via proxy) without hearing discussion at the meeting, or hearing or seeing additional information provided at the meeting. This gives more power to a determined group of owners trying to ensure they get their own way.

    And despite the now-legislated proxy limitations, proxy farming still very much occurs (just takes a bit more work to share out the proxies to avoid breaking the maximum cap). A temporary lifting of the cap would remove even this constraint on the manipulators.

    If only we could get owners to be involved enough to be well informed when they vote electronically or give instructions to proxy holders these reservations would not be an issue.

    Reply
  • What happens to pre-meeting electronic votes if an amendment is moved to a motion at a general meeting?

    Re electronic voting at a strata committee meeting, does an agenda listing the motion first have to be distributed so that all owners have the opportunity to know about the motion and the vote? And is this listed as a meeting of the strata committee albeit done electronically – and so minutes subsequently available?

    Reply
  • The transcript for episode 204 is missing from the list of transcripts.

    Reply
    • Hi Ozzie,

      We apologise for the delay for updating the transcript page. You can now access the transcript for Episode 204.

      Sincerely,

      Richelle

      Reply
  • Hi Sandy, thanks for your comments. In relation to amendments moved to motions where there is pre-meeting electronic voting, the following provisions of Regulation 14 are relevant:
    ***
    (3) If a matter may be determined partly by pre-meeting electronic voting, the notice of the meeting must include a statement that the relevant motion may be amended by a further motion given at the meeting after the pre-meeting electronic voting takes place and that consequently the pre-meeting vote may have no effect.
    (4) A motion that is to be determined wholly by pre-meeting electronic voting may not be amended at the meeting for which the pre-meeting electronic voting is conducted.
    (5) A motion that is to be determined partly by pre-meeting electronic voting must not be amended at the meeting for which the pre-meeting electronic voting is conducted if the effect of the amendment is to change the subject matter of the original motion.
    (6) If a motion that is to be determined wholly or partly by pre-meeting electronic voting is amended at the meeting for which the pre-meeting electronic voting is conducted, the minutes of the meeting distributed to owners must be accompanied by notice of the change and a statement setting out the power to make a qualified request for a further meeting under section 19 of the Act.
    ***

    Even if a committee meeting is happening electronically, all the same notice requirements apply: 3 days notice, with the agenda placed on the noticeboard for a scheme of 100 lots or less, and notice sent to all owners in a scheme of 101 lots or more. Yes, all the usual requirements apply – including for distribution of minutes.

    Reply

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