Can a general meeting proceed even without a quorum?
78 Can a general meeting proceed even without a quorum?
Subject to subsection (4), if there is not a quorum, the general meeting may proceed but all resolutions are interim resolutions.
S. 78(1A) inserted by No. 4/2021 s. 39.
Subject to subsections (1B) and (1C), the manager of an owners corporation may pass an interim resolution at a general meeting of the owners corporation if no lot owner is present (whether in person or by proxy) at the meeting.
S. 78(1B) inserted by No. 4/2021 s. 39.
The manager must not pass an interim resolution under subsection (1) that—
affects the contract of appointment of the manager; or
involves an amount that is greater than 10% of the annual budget of the owners corporation; or
if the annual budget has not been set for the relevant year, involves an amount that is greater than 10% of the annual budget of the owners corporation for the previous year.
S. 78(1C) inserted by No. 4/2021 s. 39.
An owners corporation, by ordinary resolution, may exclude or alter the power of the manager to make an interim resolution under subsection (1A).
Notice of all interim resolutions and the minutes of the meeting at which the interim resolution is made must be forwarded to all lot owners within 14 days of the meeting.
The minutes must be accompanied by a notice setting out the effect of subsection (4).
Interim resolutions become resolutions of the owners corporation—
subject to paragraphs (b) and (c), 29 days from the date of the interim resolution; or
if notice of a special general meeting is given within that 29 day period and the meeting is held within 28 days after the notice is given, only if confirmed at that meeting; or
if notice of a special general meeting is given within that 29 day period and the meeting is not held within 28 days after the notice is given, at the end of that 28 day period.
Note
The effect of subsection (4) is that an interim resolution cannot be acted on for 29 days after it is made but if notice of a special general meeting is given within that 29 day period, the interim resolution cannot be acted on until the resolution is confirmed at that meeting (which must be held within 28 days after the notice is given) or if the meeting is not held, until the end of that 28 day period.
An interim resolution cannot be made under this section in respect of a matter requiring a unanimous resolution or a special resolution.
S. 79 substituted by No. 2/2008 s. 15.
79 Who chairs the general meeting?
The lot owners present at a general meeting may elect one of their number or the manager of the owners corporation to chair the meeting.
If the chairperson of the owners corporation is present at a general meeting and an election under subsection (1) has not been made, the chairperson chairs the meeting.
Note to s. 79(2) inserted by No. 1/2010 s. 28.
Note
See sections 98, 105 and 106.
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