Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 7 July 2020 at 16:23)
Part 2 Division 3
Division 3 Meetings of owners corporation
14   First AGM must be held within 2 months after initial period
(1)  The original owner or, in the case of a leasehold strata scheme for which there is no original owner, the lessor of the leasehold strata scheme must convene and hold a meeting of the owners corporation, in accordance with this Act and the regulations, not later than 2 months after the end of the initial period.
Maximum penalty—10 penalty units.
(2)  An original owner or lessor who fails to comply with this section remains liable to the penalty for that contravention even if the Tribunal makes an order under this Division or a meeting is convened and held in accordance with the order or otherwise.
(3)  An original owner or lessor required to convene the first annual general meeting of an owners corporation must give at least 14 days notice of the first annual general meeting to—
(a)  each other owner and each first mortgagee and covenant chargee shown on the strata roll, and
(b)  each tenant of a lot in the strata scheme whose name has been notified under a tenancy notice as a tenant of the lot to the owners corporation in accordance with this Act.
15   Agenda for first AGM
The agenda for the first annual general meeting of an owners corporation must include the following items and may include other items—
(a)  to decide whether the amount of a contribution required to be made to the administrative fund or capital works fund should be confirmed or varied,
(b)  to discuss the preparation of the 10-year capital works fund plan,
(c)  to determine the number of members of the strata committee and to elect the strata committee,
(d)  to decide whether insurance taken out by the owners corporation should be confirmed, varied or extended,
(e)  to decide whether insurance referred to in section 165 (2) should be taken out by the owners corporation,
(f)  to decide if any matter or class of matter is to be determined by the owners corporation in general meeting,
(g)  to decide whether the by-laws for the strata scheme should be altered or added to,
(h)  to decide whether a strata managing agent should be appointed by the owners corporation and, if appointed, what functions of the owners corporation should be delegated to the strata managing agent,
(i)  if there is a strata managing agent, a form of motion to consider the report by the agent as to whether, and what, commissions have been paid to the agent or are likely to be payable to the agent for the following 12 months,
(j)  to decide whether a building manager should be appointed and, if appointed, what functions the building manager should exercise,
(k)  to receive the documents required to be provided under section 16,
(l)  to consider the accounting records and last financial statements prepared,
(m)  to consider the initial maintenance schedule,
(n)  to consider building defects and rectification,
(o)  to appoint an auditor or to decide whether an auditor should be appointed,
(p)  any item prescribed by the regulations for the purposes of this section.
16   Documents and records to be provided to owners corporation at first AGM
(1)  An original owner or lessor of a strata scheme required to convene a meeting under this Division must, not later than 48 hours before its first annual general meeting, deliver to the owners corporation the following—
(a)  all plans, specifications, occupation certificates or other certificates (other than certificates of title for lots), diagrams, depreciation schedules and other documents (including policies of insurance) relating to the parcel or any building on the parcel,
(b)  without limiting paragraph (a), all planning approvals, complying development certificates and related endorsed plans, approvals, “as built” drawings, compliance certificates (within the meaning of the Environmental Planning and Assessment Act 1979), fire safety certificates and warranties relating to the parcel or any building, plant or equipment on the parcel,
(c)  the certificate of title for the common property, the strata roll and any notices or other records relating to the strata scheme,
(d)  the initial maintenance schedule,
(e)  any interim report or final report of a building inspector prepared under Part 11 and relating to any building on the parcel,
(f)  any other document or item relating to the parcel or any building, plant or equipment on the parcel that is prescribed by the regulations for the purposes of this section.
Maximum penalty—100 penalty units.
(2)  An original owner or lessor is only required under this section to deliver to the owners corporation a thing if that thing is in the possession or control of the original owner or lessor or may be obtained by the original owner or lessor by taking reasonable steps to do so.
(3)  This section does not require an original owner or lessor to deliver to the owners corporation any documents that exclusively evidence rights or obligations of the original owner or lessor and that are not capable of being used for the benefit of the owners corporation or any of the other owners.
17   Tribunal may order initial documents to be provided
The Tribunal may, on application by an owners corporation, order an original owner or lessor required to convene a meeting under this Division to provide to the owners corporation a thing that was required to be but was not delivered to the owners corporation in accordance with this Division.
18   AGM must be held
An owners corporation must hold an annual general meeting once in each financial year of the corporation.
19   Other general meetings
(1)  The secretary or a strata committee of an owners corporation may convene a general meeting (that is not an annual general meeting) of the owners corporation at any time.
(2)  The secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.
(3)  A meeting may be convened on a qualified request even if the first annual general meeting has not been held.
(4)  A request is a qualified request for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.
20   Tribunal may appoint person to hold first AGM and other meetings
(1)  The Tribunal may, on application by an owners corporation or an owner or mortgagee of a lot in a strata scheme, order a person to convene and hold a meeting of the owners corporation within the time specified in the order if a meeting has not been convened and held in accordance with this Act.
(2)  The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.
21   Unanimous or special resolutions to be amended or revoked in same way
(1)  A unanimous resolution or special resolution of an owners corporation about a matter that is required by or under this Act or the by-laws of a strata scheme to be determined by a resolution of that kind cannot be amended or revoked other than by a subsequent resolution of the same kind.
(2)  However, a unanimous resolution of an owners corporation dealing with common property may be amended by a special resolution.
22   Notice to be given to owners corporation of right to cast vote at meeting
(1) Person with right to vote at meetings must notify owners corporation A person who has an interest in a lot that, subject to this Act, gives the person a right to cast a vote either personally or by nominee at meetings of an owners corporation must give the owners corporation written notice of that interest (a strata interest notice).
(2) Contents of strata interest notice The strata interest notice must specify the following information and, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee—
(a)  the person’s full name and an address for service of notices,
(b)  the lot concerned and the exact nature of the person’s interest in it,
(c)  the date on which the person acquired the interest,
(d)  if the voting entitlement conferred by the interest is one that, according to this Act, is to be exercised by a nominee, the nominee’s full name and address for service of notices.
Note.
 An address for service of notices may be an Australian postal address or an electronic address, including an email address (see section 261).
(3) Other matters to be specified in notice The strata interest notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest—
(a)  the interest is that of the executor or administrator of the estate of a deceased person,
(b)  the interest is that of the liquidator or receiver in bankruptcy of any person,
(c)  the interest has arisen by operation of law or the order of any court,
(d)  the interest has arisen in any manner otherwise than by transfer of the interest from some other person or the discharge of a mortgage.
(4) Owners corporation may require notice to be given The secretary of the owners corporation, if of the opinion that a person obliged to give notice under this section has not done so, may by a written notice given to the person require the person—
(a)  to state, within 14 days, whether or not the person is a person required to give notice under this section, and
(b)  if the person is such a person, to give that notice.
(5) Person prevented from casting vote if certain requirements not met A person is not entitled to cast a vote at a meeting of the owners corporation if the person has not complied with a notice given to the person under subsection (4) or, in the case of a vote to be tendered through a nominee, if the nominee’s full name and address for service of notices have not been notified under this section.
(6) Changes in certain information to be notified A person who has given notice under this section may by further notice advise any change of nominee or of the person’s or any nominee’s address for service.
23   Meeting procedures and voting
Other procedures for general meetings of the owners corporation and voting at those meetings are set out in Schedule 1.
24   Order invalidating resolution of owners corporation
(1)  The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
(2)  The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of Part 10 (other than Division 6 or 7) of the Strata Schemes Development Act 2015 have not been complied with in relation to the meeting.
(3)  The Tribunal may refuse to make an order under this section only if it considers—
(a)  that the failure to comply with the provisions of this Act or the regulations, or of the Strata Schemes Development Act 2015, did not adversely affect any person, and
(b)  that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.
(4)  The Tribunal may not make an order invalidating a resolution under subsection (2) if an application for an order has been made under Division 6 of Part 10 of the Strata Schemes Development Act 2015 in relation to the same or a related matter.
(5)  The Tribunal may not make an order under this section invalidating a decision by an owners corporation to approve, or not to approve, the appointment of a building inspector under Part 11.
25   Order where voting rights denied or due notice of item of business not given
(1)  The Tribunal may, on application by a person entitled to vote on a motion for a resolution of an owners corporation at a general meeting, order that a resolution passed at the general meeting be treated as a nullity on and from the date of the order.
(2)  The Tribunal must not make the order unless the Tribunal is satisfied that the resolution would not have been passed but for the fact that the applicant for the order—
(a)  was improperly denied a vote on the motion for the resolution, or
(b)  was not given due notice of the item of business in relation to which the resolution was passed.
(3)  An application for an order may not be made unless—
(a)  an application for mediation of the dispute was made not later than 28 days after the date of the meeting at which the resolution was passed, or
(b)  if an application for mediation was not made, the application for the order was made not later than 28 days after the date of the meeting at which the resolution was passed.
(4)  If a resolution that is to be treated as a nullity by an order changes the by-laws and the order has been recorded in the Register under this Act, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the change had not been made.
(5)  Subsection (4) is subject to the by-laws having been or being changed in accordance with this Act and to any relevant order made by a superior court.
(6)  The Tribunal may not make an order under this section if an application for an order has been made under Division 6 of Part 10 of the Strata Schemes Development Act 2015 in relation to the same or a related matter.
(7)  The Tribunal may not make an order under this section invalidating a decision by an owners corporation to approve, or not to approve, the appointment of a building inspector under Part 11.