There are similar rules for running annual general meetings (AGMs) and extraordinary general meetings (EGMs).
The chairperson must chair each general meeting they attend. If the chairperson is not present, the people at the meeting who have a right to vote can choose another person to chair the meeting.
If your body corporate does have a CMS, learn about running an AGM or EGM in that case.
Duties of the chairperson
The person chairing the meeting:
- must have a list of who has the right to vote on a motion or at the committee election available for inspection at the meeting
- may rule a motion out of order
- declares the result of voting on motions
- decides how a poll vote (if sought) is taken
- may exercise an additional vote if the number of votes cast for and against a motion are equal.
Ruling motions out of order
A motion may be ruled out of order if:
- the chairperson believes the motion, if carried, would
- conflict with the legislation or the body corporate by-laws
- be unlawful or unenforceable for another reason
- prior notice of the motion was not given (except for a motion to amend a motion)
- for a motion to amend a motion, any written vote has already been cast for the original motion.
Counting votes on motions
The chairperson counts the votes for a general meeting.
The chairperson’s declared result of the voting on any motion is final without proof of the votes recorded—except for a poll vote.
The chairperson may appoint scrutineers to inspect all voting papers and ballot papers.
Read more about general meeting voting.
Amending motions
A motion to amend a motion can’t be submitted at a general meeting if a written vote has already been cast for the original motion.
If a motion to amend the original motion is submitted after any written votes, it may be ruled out of order.
Quorum at general meetings
A quorum is the minimum number of people who must be present at a general meeting before a motion can be considered or a committee election can be held.
A quorum is 25% of the number of people entitled to vote.
This means at least 25% of the people entitled to vote must be present at the meeting in person, by proxy, or by written voting paper.
Read more about who is entitled to vote at a general meeting.
Adjourned meeting
If a quorum is not present after 30 minutes, the meeting must be postponed (adjourned). The meeting will then be held at the same place, on the same day and time of the next week.
If a quorum is not present after 30 minutes at the adjourned meeting, the people who are there (whether in person or otherwise) and entitled to vote form a quorum.
The adjourned meeting can proceed, even if the chairperson is the only person present.
Minutes of the meeting
Your body corporate must keep minutes of every general meeting, including the details of motions passed at the meeting.
In subsidiary bodies corporate and higher-level bodies corporate under the Mixed Use Development Act 1993, the minutes of a general meeting must also be:
- full and accurate
- given to each lot owner and first mortgagee of a lot within 21 days of the meeting.
The Sanctuary Cove Resort Act 1985 and the Integrated Resort Development Act 1987 do not provide for sending out minutes of general meetings.
A motion to confirm the minutes of the last general meeting must be on the agenda of the next general meeting.
Committee election
The body corporate must elect a committee at each AGM.
