Calling a general meeting for bodies corporate under other Acts

If your body corporate does have a CMS, learn about calling an AGM or EGM in that case.

Owners requesting an EGM

The committee usually calls EGMs.

However, the secretary must call an EGM if given a written request signed by people entitled to vote that represent at least 25% of the lot entitlements for the body corporate.

If the secretary is absent, another committee member must call the meeting instead upon receipt of the written request. That committee member can also give notice of the meeting on the committee’s behalf.

After the request is received, the meeting must be:

• called as soon as possible
• held no more than 1 month later.

Giving lot owners notice

At least 7 days before a general meeting, notice of the meeting must be given to:

• each lot owner
• the first mortgagee of a lot in a subsidiary body corporate
• the first mortgagee of a lot in higher-level bodies corporate under the Mixed Use Development Act 1993 (MUD Act).

Notice can be given:

• by posting it to the person’s address for service
• by giving it to a person at the address who is 16 or older
• in another way authorised by the by-laws.

The way the notice is given is not specified for higher-level bodies corporate under the MUD Act.

The notice must include:

• the time and place of the meeting
• an agenda setting out the business of the meeting and the resolution type for each motion to be considered
• a voting paper for all motions
• the minutes of the last general meeting.

For an AGM, the notice must also include:

• a ballot paper for committee elections (when required)
• the financial accounts
• if the accounts needed to be audited, a copy of the auditor’s certificate.

Agenda

The general meeting agenda must include a motion to confirm the minutes of the previous general meeting.

Agenda for AGMs

The agenda for an AGM must also include motions to:

• adopt the financial accounts for the previous financial year
• appoint an auditor of the financial accounts for the next financial year.

Auditing the accounts

The financial accounts must be audited for:

• precinct bodies corporate under the MUD Act
• principal bodies corporate under the Integrated Resort Development Act 1987 and Sanctuary Cove Resort Act 1985.

This motion to appoint an auditor must be decided by ordinary resolution.

Subsidiary bodies corporate can choose to include a motion on the agenda not to audit the financial accounts for the next financial year. This motion must be decided by special resolution.

Find out how to submit motions for a general meeting.

Meeting location

A general meeting can’t be held more than 15km from the body corporate property if 25% of those entitled to vote object in writing to the secretary before the meeting.