Under Section 89 of the Unit Titles Act 2010 (“the Act”) bodies corporate are required to hold an annual general meeting ("AGM") within 15 months of the last AGM. An extraordinary general meeting ("EGM") is required to be held when requested by more than 25% of unit owners or when necessary business is required to be completed under Section 89A of the Act. Current Covid-19 restrictions will limit bodies corporate from convening physical meetings of owners consistent with obligations under the Health and Safety at Work Act 2015 which requires bodies corporate to take all practicable steps to ensure the health and safety of any person attending body corporate meetings.
Pursuant to the current Regulations, there are a number of options available to bodies corporate who need to call an AGM/EGM, or otherwise to conduct business where appropriate resolutions are required including:
(a) Delaying the AGM as long as it is called within the 15 month period where no immediate resolutions are required and the body corporate has sufficient funds to operate in the medium term;
(b) Using postal resolutions for non-contentious matters; and
(c) Where the majority of owners are cooperating, the use of proxies or postal votes to limit attendee numbers at body corporate meetings where small gatherings are permitted by Government directive, and in order to meet quorum requirements under the Act.
The use of electronic meeting media may also be an option, particularly where small bodies corporate are involved.
Other Operational Issues for Bodies Corporate
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© McVeagh Fleming 2020
This article is published for general information purposes only. Legal content in this article is necessarily of a general nature and should not be relied upon as legal advice. If you require specific legal advice in respect of any legal issue, you should always engage a lawyer to provide that advice.