Calling of E.G.M.
Christine Verschoyle
Hi Pam
Reference section 65 of the accommodation module.
I note that you have not yet sent a flying minute requesting approval from the committee members to call an E.G.M. which has been requested by 8 of our owners.
This needs to be done by Friday 7/11/14 to meet the required 14 day time frame from original advice dated 24/10/14 that in excess of 25% of owners had requested the calling of an E.G.M.
Please note the committee gives approval for the E.G.M to be called but does not set the time or date.
Regards
Richard Verschoyle
Pam Burgess
Hi Richard
I have attached the full Body Corporate Accommodation Module which you refer to in your email and copied the specific section 65 quoted below my email.
You will note that a notice signed by or for at least 25% of owners must be submitted to the Secretary and the motions to be considered must be written in the notice. I have not received this notice, so unless I am misunderstanding something, at this stage the conditions for calling an EGM have not been met. The signed notice with motions can be sent to my address at - The Developing Foundation 14 Munro Street Auchenflower, emailed to p...@developingfoundation.org.au or mailed to BCP Strata. BCP Strata should then send to me so that I can call the EGM.
65 Requirement for requested extraordinary general
meeting [SM, s 67]
(1) An extraordinary general meeting (a requested extraordinary
general meeting) of the body corporate must be called if a
notice asking for an extraordinary general meeting to consider
and decide motions proposed in the notice is—
(a) signed by or for the owners of at least 25% of all the lots
included in the community titles scheme; and
(b) given to the secretary or, in the secretary’s absence, the
chairperson or, if the committee has not yet been
chosen, given to the original owner.
(2) The secretary may be presumed to be absent if a notice is
given to the secretary at the address for service of the body
corporate, and no reply is received within 7 days.
(3) A requested extraordinary general meeting—
(a) must be called, within 14 days after the notice is given
under subsection (1), by the person to whom the notice
is given; and
(b) must be held within 6 weeks after the notice is given.
(4) A requested extraordinary general meeting of the body
corporate may be called even though the body corporate’s
first annual general meeting has not yet been held.
I have also attached an information sheet on General Meetings which is supplied by the Justice Department.
Regards
Pam
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