Moving a strata scheme to electronic meetings
April 30, 2020
Current strata laws require face to face meetings unless a scheme has passed a resolution to permit meetings to be carried out by alternative means (eg electronic meetings via video or teleconference). NSW Fair Trading have released guidance notes (https://www.fairtrading.nsw.gov.au/resource-library/publications/coronavirus-covid-19/property) confirming that schemes in this position have no other option than to attend an “in-person” meeting. This obviously presents a compliance issues for these strata schemes given the public health orders relating to social distancing. So, it seems that strata schemes need to take a proactive approach.
In terms of a practical way forward, we suggest that you consider holding a single motion meeting where the only motion on the agenda is a motion to agree to allow electronic meetings. This should be non-contentious in the current climate. The meeting will need to be carried out via a proxy vote, so that it does not contravene the relevant public health orders.
Whilst there are limits on how many proxies a person can hold, it is of course possible to adjourn and re-convene the meeting without a quorum being present which means the meeting can go ahead without a quorum as long as there is a chairperson and proxy vote in play.
If your scheme is unhappy about moving to electronic meetings or allow a proxy-only meeting to proceed, then you might consider arranging an informal catch up with lot owners to consider the alternative…. no meetings.
The long and short of it is this – if you can’t hold electronic meetings, then you may not be able to hold any meetings. No means = no decisions = chaos.
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