Written by Leisha de Aboitiz on 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.
Sincere thanks to our wonderful clients and hard-working team for supporting our inclusion in the Legal 500 (Asia Pacific) Guide as a leading firm in Real Estate for 2023
The Legal 500 has been analysing law firm capabilities across the world for more than 3 decades in over 150 jurisdictions. Their research is based on: “feedback from 300,000 clients worldwide, submissions from law firms and interviews with leading private practice lawyers, and a team of researchers who have unrivalled experience in the legal market.” – https://www.legal500.com/about-us/
February 10, 2023
We are delighted that Massons has been selected as an “Excellence Awardee” in the category of “Boutique Firm of the Year” at the 2022 Australasian Law Awards.
Thank you to all of our wonderful clients who have supported our nomination in this category, and to our amazing lawyers and support staff for making this possible!
Wishing all the other Awardees the best of luck and looking forward to the Gala Dinner. A night out with our team is always cause for celebration – win, lose or draw!!
March 23, 2022
We are excited about our inclusion in Doyle’s Guide for 2022 for NSW in the following categories:
Massons – Leading Property & Real Estate Law Firms
Jodie Masson – Leading Property & Real Estate Lawyers and Leading Leasing Lawyers
Leisha de Aboitiz – Leading Property & Real Estate Lawyers and Leading Leasing Lawyers
Ben Malone – Property & Real Estate Law Rising Stars
Thank you to all of our peers and wonderful clients who have helped to achieve this recognition.
March 14, 2022
February 28, 2022
We are excited to announce the appointment of Alex Ho as a Senior Associate at Massons. Alex started with us as a paralegal and has achieved this milestone in record time due to his hard work, his ability to develop and sustain fantastic relationships with clients, his engagement in constantly seeking to improve himself and others in equal measure, and his absolutely infectious enthusiasm. We couldn’t be prouder! Congratulations Alex!
January 5, 2022
December 8, 2021