There are strict notice requirements for sending out an agenda and notice for an Owners Corporation special general meeting.
The law and the owners corporation special general meeting?
Schedule 1, Part 2 of the Strata Schemes Management Act 2015 (NSW) sets down the notice requirements for a general meeting. In particular, the legislation states that 7 days’ notice is required for a general meeting, which includes an Annual General Meeting.
So, what exactly constitutes 7 days? The Act can be a little confusing in that it does not specify whether the days required are business days and whether certain events should be excluded from the counting of the days. Fortunately, the Interpretation Act 1987 (NSW) clears up some of this confusion. In calculating the 7 days you need to consider the following:
- 7 days should be interpreted as 7 clear That is, you cannot count the following events when calculating the notice:
- The day of sending out the notice, and
- The day of the actual meeting.
Accordingly, the two events above, must be excluded from the calculation exercise.
- If the notices are being sent out by way of post, you must allow 7 working days. After 7 working days, the notice is considered to have been delivered to the lot owners address.
- If notices are being sent out by email, the strata manager or secretary must ensure that lot owners have accepted service through email. If a lot owner has failed to nominate email as their preferred method of service, then the notice may be considered as improperly served upon the lot owner.
In essence, whilst the Act provides that 7 days’ notice is required, in reality the notice requirement is a lot more onerous.
What happens if a lot owner receives a notice and agenda with the incorrect notice period?
It is essential that strata managers, acting on behalf of the Owners Corporation or the Secretary of the Strata Committee send out agendas and notices with the correct notice requirements. If lot owners are not provided with 7 clear days, they may challenge the validity of any resolutions passed in that meeting.
Contact JFMLAW if you think you may have received an agenda for a general meeting of the Owners Corporation without the correct notice period. Our contact number is 02 9331 0266.