Meetings of Bodies Corporate

Meetings of Bodies Corporate

Mark von Dadelszen, author of Law of Societies, 3rd Edition, 2013, and Member’s Meetings, 3rd Edition, 2012 Unit Titles Act 2010 One of my memorable 2014 engagements was to act an independent chair of a disorderly body corporate, and this required careful consideration of the Unit Titles Act 2010 and its 2011 Regulations. Despite being reasonably recently enacted (and amended) the Act and Regulations are strangely deficient in directing how body corporate meetings are to be called and conducted. This article focusses on those deficiencies of which I am aware – if any reader knows of other issues please let me know. Calling and Chairing Body Corporate General Meetings – many imponderable questions The following issues relate to AGMs (ignoring the first AGM, in respect of which some provisions are different): Section 89(3) states that, after the first annual general meeting, “annual general meetings must be held once every calendar year and not later than 15 months after the previous annual general meeting” (emphasis added). If a body corporate does not hold an AGM during a calendar year that is prima facie unlawful – then what? Section 90(1) and Regulations 5(2)(b), and 6(2)(b) state that AGMs “must be called by the chairperson in accordance with the regulations” (emphasis added), and Section 90(2) and Regulations 7(1) and 8(1) require that extraordinary general meetings be called by the chairperson or body corporate committee. If notices are issued by the secretary or manager and not in the name of the chairperson or body corporate committee, is the meeting unlawful? Section 101(2) provides that “Except as otherwise provided for in this Act, all...