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Derek Legal Blog

Problems With Your Body Corporate?

When you are wanting something done in your building, for instance the refurbishment of the foyer and the committee of the Body Corporate does not want to do that, you still have a remedy. Whilst there are a number of ways of calling an Extraordinary General Meeting, from a lot owners point of view, the only way to do it is by a written request signed by at least 25% of lot owners or the representatives.

The notice requesting the Extraordinary General Meeting must be given to the Body Corporate Secretary or in the Secretary’s absence the Chairperson. There is a deeming provision that the Secretary is absent if there is no response within seven days. Either the Secretary or the Chairperson, depending upon who received the request, must call an Extraordinary General Meeting within 14 days and the meeting itself must be held within six weeks of receipt of the notice.

Each lot owner must be given written notice of the Extraordinary General Meeting at least 21 days before the meeting. That notice must include the time and place of the meeting, the agenda, a proxy form and a company nominee form if the owner is a company promoting paper for all motions not to be decided by secret ballot. Information’s to be decided by the secret ballot, a secret voting paper, an envelope marked with secret voting paper and a separate particulars tab or envelope.

To have your particular matter dealt with, you need a suitably worded motion to be put to the meeting, for instance “That the quote by XYZ Pty Ltd dated Wednesday 2nd May 2018 for the refurbishment of the foyer of the building be accepted.” The motion needs a majority of votes to pass but given to call an Extraordinary General Meeting you need 25% of lot owners, one would have thought there would be reasonable prospects of getting the motion through.

Posted in: Derek Legal Blog at 09 May 18

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