Newsletter #1 – New Strata Laws
Welcome to our first newsletter covering topics on the key changes to the Strata Schemes Management Act.
Meeting Procedures
Here are some of the key areas that have been changed which will affect how general meetings are conducted.
Notices
Agendas and minutes can be served on owners via electronic means i.e. email
Quorum
Where a quorum has not been reached, the owners present may declare a quorum after 30 minutes or it can be adjourned for 7 plus days.
Tenant attendance
Tenants are now entitled to attend general meetings but cannot vote. A copy of the agenda must be served on all tenants on the strata roll or a copy of agenda can be placed on the notice board.
Proxies
Proxies are now limited to;
Less than 20 lots = 1 proxy
More than 20 lots = 5 % of the number of lots ignoring fractions
Voting
An Owners Corporation may determine by ordinary resolution that a vote may be cast by a specified means other than personally as provide for by the regulations.
The regulations provide for remote location voting by:
teleconference, video-conferencing, email, or other electronic means.
The regulations provide for pre-meeting electronic voting by: email, website, or other electronic means.
By secret ballot on a motion or election if so determined by: the SC, or one quarter of the persons entitled to vote.
Note: We are currently investigating and testing various options which will become available in 2017
New AGM items
AGM agendas must also include motions on the following items,
Consider commissions report.
Consider building defects and rectification until end of warranty period.
Prepare or review 10 year capital works fund programme.
Consider the annual fire safety statement and getting next year’s.
Call for nominations for SC.
Consider how to deal with overdue levies.
Agenda items
Any owner whether financial or not can submit a motion to be included at the next general meeting.
Further information on the new strata laws can be found on Fair Trading’s website.
http://www.fairtrading.nsw.gov.au/ftw/About_us/Legislation/Changes_to_legislation/Major_changes_to_strata_laws.page?
Stay tuned for the next newsletter,
Best regards
Clisdells Strata Management