Annual general meetings, general meetings and committee meetings in Western Australia

When the AGM is due, what goes on its agenda, how owners call a meeting, notice, quorum, chairing, attending by phone or video, committee meetings and minutes, state by state, plus the slips that leave a resolution open to challenge.

In short

  • Every scheme holds an annual general meeting (AGM), but the deadline differs. NSW: once in each financial year. QLD: within 3 months after the financial year ends. VIC, WA, TAS: no more than 15 months after the last one. ACT and NT: each financial or calendar year and within 15 months. SA strata corporations: every calendar year and within 15 months; SA community corporations: within 3 months after the financial year starts.
  • Notice periods are minimums and are usually counted in clear days, so neither the day the notice goes out nor the meeting day counts. General meetings need at least 14 days in most places, 7 days in TAS (and 7 for NSW general meetings other than the AGM), 21 days in QLD, and 14 working days in the NT. Posted notices need extra time for delivery, and email works only where the owner has agreed to it or nominated an address for service.
  • Owners can force a general meeting. The share needed ranges from one-fifth of the units (SA strata) to one-third of members by head count (TAS); most states use 25 per cent of lots or unit entitlement.
  • Without a quorum the rules split: some states adjourn the meeting (NSW, QLD, SA), some let those present carry on (WA, ACT reduced quorum), and some allow only interim resolutions that owners can stop (VIC, NT). Tasmania has no fallback at all.
  • Attending by phone or video is a right in WA and the NT, available if the owners corporation or body corporate authorises it in the ACT and QLD, provided for in VIC and NSW, arranged by the secretary or the articles in SA, and not mentioned in the Tasmanian Act.
  • Minutes deadlines vary: 14 days in NSW for general meetings and 7 days for strata committee meetings, 14 days in the ACT, 21 days in QLD, none in VIC, WA, SA or TAS for ordinary minutes. A resolution passed at a meeting that broke the rules can often be set aside by the state's tribunal, commissioner or court.

How it works

A strata scheme makes its big decisions at general meetings of all the owners. The AGM is the one every scheme must hold each year: it receives the accounts, sets the budget and levies, checks the insurance and elects the committee. Any other general meeting is called an extraordinary general meeting (EGM) in QLD and WA, a special general meeting in VIC and TAS, and simply a general meeting elsewhere.

Between general meetings the committee runs the scheme. Each state gives it a different name: strata committee (NSW), committee (VIC, QLD, NT), council of owners or council (WA), management committee (SA), committee of management (TAS) and executive committee (ACT). The committee meets more often, on shorter notice, and can only make the decisions the law and the owners let it make.

Three things decide whether a meeting's decisions stand:

  1. It was properly called. The right person or group called it, every owner got notice on time and in a way the law accepts, and the notice set out every motion to be decided (with the full text for special or unanimous resolutions in most states).
  2. It was properly held. A quorum was present, the right person chaired, only eligible votes and valid proxies were counted, and only motions on the agenda were decided.
  3. It was properly recorded. Minutes were taken and sent out on time.

When one of these goes wrong, an owner can usually ask the state's dispute body to declare the meeting or the resolution invalid. Most of these bodies can decline where the slip made no difference to the result, so not every error is fatal, but the risk is avoidable.

Voting thresholds and proxies are covered in Voting and proxies; budgets and levies set at the AGM are in Budgets and levies; the committee's own duties are in Self-managing committee duties; and the dispute process is in Disputes.

Common mistakes that leave a resolution open to challenge

These are the slips that most often end up before a tribunal. Whether a particular slip invalidates a particular resolution is for the state's dispute body to decide.

  • Short notice. Counting the notice day or the meeting day, or posting without adding delivery time (in NSW and the ACT a posted notice is taken to arrive on the seventh working day after posting), or counting calendar days where the NT counts working days.
  • Notice to the wrong place. Emailing owners who have not nominated or agreed to an email address for notices (NSW s 263, VIC, WA s 216, SA s 49).
  • A motion not on the agenda. Deciding something raised on the day. Most states allow only motions set out in the notice, and special or unanimous resolutions need their full text in the notice.
  • Missing statutory AGM items, such as the NSW Schedule 1 clause 6 matters, the QLD insurance review or the WA insurance certificates.
  • Wrong or invalid proxies. Using a homemade form where the state prescribes one (NSW, VIC, QLD Form 6, ACT Form 2), counting a proxy past its expiry, or exceeding the cap one person may hold. See Voting and proxies.
  • Counting votes that should not count, such as owners in arrears on ordinary motions, or proxies in a QLD committee election.
  • No quorum, but business done anyway, or adjourned in a way the law does not allow (Tasmania has no fallback at all).
  • The wrong person in the chair, such as a QLD manager chairing without being elected, or a chair using a casting vote where the law gives none (NSW).
  • The committee deciding a general meeting matter, such as setting levies where the law reserves that to the owners. See Self-managing committee duties.
  • Late or missing minutes, which in QLD and the NT also delays when owners can oppose a committee decision.

State by state

Western Australia

The Strata Titles Act 1985 applies. The strata company acts through its council. A 2-lot scheme need not hold AGMs unless its by-laws say so (s 127(2)).

When the AGM is due. Once in each 12 month period and not more than 15 months after the last one; the first AGM is within 3 months of registration (ss 77 and 127).

What must be on the AGM agenda. Three statutory items: the election of council members, consideration of the accounts, and copies of the current insurance certificates and schedules (s 127(3)). The budget is submitted to the AGM (s 102), and a designated scheme's 10 year plan feeds into it. Anything else is special business, and the notice must state its general nature (s 129(2)(c)). An owner who gives a council member written notice of an item more than 14 days before the meeting has it put on the agenda as special business (s 129(4); Landgate fact sheet).

Calling a general meeting. Owners with 25 per cent or more of the unit entitlements may request an EGM in writing. If the council takes no steps to convene it within 21 days, those owners, or any of them with more than 50 per cent, may convene it, and it must be held within 3 months of the request (s 128).

Notice. At least 14 days to every owner and every first mortgagee who has notified the strata company, stating the date, time and venue, the AGM items, the general nature of special business and each method of voting the strata company accepts, including electronic (s 129(1) and (2)). Counted in clear days, FairLot allows 15 calendar days. Accidentally missing an owner does not invalidate the meeting (s 129(3)). A posted notice is served when it would arrive in the ordinary course of post (Interpretation Act 1984 s 75), and email counts only where it is the owner's address for service or the by-laws allow it (s 216).

Quorum. People entitled to cast the votes of 50 per cent of the lots (both lots in a 2-lot scheme), proxies included. If there is no quorum 30 minutes after the start time, those present and entitled to vote are the quorum for that meeting, except in a 2-lot scheme (s 130).

Who chairs. Under the default governance by-laws, the chairperson of the council is also the chairperson of the strata company (Schedule 1 by-law 7(1)), so presides at general meetings. A general meeting may authorise someone who is not an owner, such as a strata manager, to act as chairperson for that meeting (by-law 7(2) and (3)). A scheme can replace these by-laws with its own registered governance by-laws, so check the scheme's by-laws first. The chair may adjourn with the meeting's consent, and an adjourned meeting deals only with unfinished business (s 132(1)).

Phone and video. Anyone entitled to attend, including a proxy, may attend and vote by telephone, video link, internet or similar means, subject to the scheme by-laws and provided the facilities are not an unreasonable burden on the strata company, and is taken to be present (s 131).

Council meetings. Under the default by-laws the council sets its own procedure, but any member can require a meeting by giving the others at least 7 days' notice with the reason (Schedule 1 by-law 8(2)(a)). Quorum is 2 for a council of 3 or 4, 3 for 5 or 6, and 4 for 7, and matters are decided by simple majority (by-laws 4 and 8(1)). The council chairperson presides, or the members present appoint one of their number (by-law 6(4)). Owners are not entitled to notice of council meetings.

Minutes. The secretary prepares and distributes minutes and moves their confirmation at the next meeting (Schedule 1 by-law 9(a)); the Act sets no deadline. Minutes are kept for 7 years (20 for records of special, unanimous and without dissent resolutions) (s 104; reg 83). A 2-lot scheme need not keep minutes. An owner who applies to inspect records must be given a time within 10 days (ss 107 and 109).

Challenging a resolution. The State Administrative Tribunal can declare that a decision or resolution of a strata company, or an election of a council member or officer, is or is not invalid (s 199(3)(d) and (e)), and can make orders under s 200, including authorising someone to convene and preside at a meeting.

If it goes wrong: where to get help

StateContact firstWho decides disputes
NSWNSW Fair Trading, strata (mediation)NCAT, strata schemes
VICConsumer Affairs Victoria, owners corporations and the owners corporation's internal dispute processVCAT, owners corporations
QLDOffice of the Commissioner for Body Corporate and Community Management (conciliation)Commissioner's adjudicator; appeals on a question of law to QCAT
WALandgate, strata and community titlesState Administrative Tribunal, strata titles
SALaw Handbook, strata titles and Consumer and Business ServicesMagistrates Court (CourtSA)
TASRecorder of Titles, strata title FAQsRecorder of Titles; appeals to TASCAT
ACTAccess CanberraACAT, unit titles disputes
NTNT Government, dealing with a body corporateNTCAT

The steps, time limits and evidence for each are in Disputes.

How FairLot helps

  • Meetings and notices drafts AGM, general and committee meeting notices with the notice period for your state and scheme type already worked out in calendar days, a statutory AGM agenda you can edit, and minutes, with each held meeting given its minutes deadline.
  • Voting and resolutions records ordinary and special resolutions, proxies and timed polls, with an automatic result record.
  • Statutory forms fills in proxies and voting papers for your state from your records, and links the official form where the law requires it.
  • Compliance calendar shows when the next AGM is due under your state's rule, before it bites.
  • Documents, the Owner portal and the Audit trail keep notices and minutes where owners can see them, with who sent what and when.

FairLot is software. The committee calls and runs its own meetings, and the chair and the owners make every decision.

Common questions

How long after the end of the financial year do we have to hold the AGM?

Only QLD (3 months after the year ends) and SA community corporations (3 months after the new year starts) tie it directly to the year end. NSW requires one in each financial year. VIC, WA, TAS, the ACT, the NT and SA strata corporations limit the gap to 15 months since the last AGM, with the ACT and NT also requiring one each financial or calendar year.

Can owners call a meeting if the committee won't?

Yes, in every state. The trigger is 25 per cent of unit entitlement in NSW, the ACT and WA; 25 per cent of lots in QLD; 25 per cent of lot entitlements in VIC; 25 per cent of interest entitlements in the NT; one-fifth of the units in SA strata schemes (20 per cent of lots or entitlements in community schemes); and one-third of members by head in TAS. In VIC, SA and the NT the owners' nominee can send the notice themselves.

Does email count as giving notice?

Only where the owner has agreed to it or nominated an email address for notices, in most states (NSW, VIC, WA, SA). In the ACT an emailed notice is presumed received when sent. Check your state's section above, and keep a record of each owner's consent.

Can I attend the AGM by Zoom?

In WA and the NT you have a right to, subject to WA by-laws and reasonable cost. In VIC owners may join by teleconference under the regulations. In NSW the notice can specify electronic participation. In QLD and the ACT the owners must first authorise it by resolution. In SA it depends on the articles or the secretary's arrangement. The Tasmanian Act does not deal with it.

What happens if not enough owners turn up?

It depends on the state. NSW and QLD adjourn (NSW also lets the chair declare those present a quorum), and SA adjourns 7 to 14 days. WA and the ACT let those present continue (the ACT's reduced quorum decisions take effect only after 28 days). VIC and the NT allow interim resolutions that owners can stop by calling another meeting. Tasmania has no fallback, so the meeting has to be called again.

Can owners sit in on committee meetings?

In NSW owners can attend but need permission to speak. In QLD an owner can observe after giving the secretary 24 hours' written notice and may speak only if invited. The other states give owners no right to notice of committee meetings, though owners receive or can inspect the minutes.

Who chairs if the chairperson is away?

In every state the meeting chooses someone. VIC and QLD let the meeting elect the manager in some cases, WA can authorise a non-owner by resolution, SA allows the manager only with majority agreement, and the NT lets the meeting elect the body corporate manager.

When do we have to send out the minutes?

NSW: general meetings 14 days, committee 7 days. QLD: 21 days for both. ACT: 14 days for both. NT: committee minutes 21 working days. VIC, WA, SA and TAS set no general deadline, though VIC sends the last AGM minutes with the next AGM notice.

A resolution was passed at a meeting with short notice. Is it automatically invalid?

Not automatically. An owner has to apply to the state's dispute body (NCAT, VCAT, an adjudicator in QLD, SAT, the SA Magistrates Court, the Recorder of Titles in TAS, ACAT or NTCAT), and several of them can decline where the error made no difference to the result. In Tasmania the application must be made within 30 days after the meeting. See Disputes.

Sources

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