re; Objecting to AGM committee resolutions

[hwd007]

re; Objecting to AGM committee resolutions

- How does one go about lodging an objection to the interim decisions of an Annual General Meeting ? i.e. what format, can it be via email or does it have to be a letter sent to the manager etc...

- Also, If items resolved were not actually voted on, does that make them null and void ?

- When do interim AGM resolutions become final ?

 

[Empty Pockets]

- Why weren't you there in the first place?

- If you couldn't attend why didn't you proxy vote?

- What matters have been resolved that you don't want resolved?

- How many of the other owners agree with you that these matters shouldn't be resolved?

 

[hwd007]

I guess perhaps that means you either don't know or are you hijacking the thread with questions that I haven't asked and don't seek answers for ? As such I can only reiterate my original general enquiry, to anyone who's able to answer them.

re; Objecting to AGM committee resolutions

Q1. How does one go about lodging an objection to the interim decisions of an Annual General Meeting ? i.e. what format, can it be via email or does it have to be a letter sent to the manager etc...

Q2. Also, If items resolved were not actually voted on, does that make them null and void ?

Q3. When do interim AGM resolutions become final ?

If anyone knows the answer to these questions, feel free to answer them.

 

[Empty Pockets]

Fair call.

1) It needs to be in writing. Email is not acceptable. They have about a month to respond before you can raise the issue further. I believe there might be a form as well but it's been a number of years since I've had an IP in VIC.

2) Depends on the resolution & issue. Some matters are delegated to the manager or committee to decide on so no formal vote is required. Meetings I've been to the chair person just asks if anyone is for or against the motion and then move on. There is no show of hands or ballot.

3) The AGM is effectively final. However if you lodge a complaint accusing the owners corp of breaching the act it may stop motion until the complaint is resolved.

 

[hwd007]

Ahh Thank you. The problem with the AGM we had, was that it was more an issue of who spoke loudest and most of the time, that decided what resolutions got passed. The manager simply reacted to the most forceful opinions. Out of about a dozen resolutions, only two were put to a show of hands vote, which occurred at the start of the AGM.

As the AGM progressed, the formality of voting seemed to get lost in the broad ranging discussions and eventually they just got passed as resolutions, however it was not prescribed at or even before the AGM that any other form of voting would be adopted.

Thus the application of the process of adopting resolutions at the AGM was inconsistent and although some people disagreed on some issues, their voices were not the most vocal or assertive at the meeting.

We have virtually no audit of votes on resolutions to provide other owners not present, if they scrutinise the voting on resolutions raised.

According to the Vic Owners Corp ACT

92. Voting at a meeting
(1) Subject to sub-section (3), at a meeting, voting
may be by show of hands or in another prescribed
manner, unless the meeting resolves otherwise.

I note that no other prescribed manner was said to be in existence.
I also note that no otherwise resolution of voting was made.

Thus I'm left thinking that somehow this AGM, did not quite go as it should have.

 

[Empty Pockets]

The joys!

Looking at one of your other posts I assume it's the chair person being the main driver?

I guess you've got to be confident that calling a special meeting or lodging a complaint will result in the motion being overturned otherwise you'll get everyone off side. If you were at the AGM you'll probably get the manager offside regardless as he would have expected you to raise your concerns at the time.

If the matters are minor maybe just ensure it's noted at your next comittee meeting that the voting of resolutions was inappropriate and future meetings should be conducted in acordance with section 92. Ensure the scribe includes it in the meeting mintues.

 

[hwd007]

Actually my other posts relate to separate matters with a different committee for a different property. It simply didn't cross my mind at the time, as I was absorbed in following the AGM discussions, but then I wasn't running the AGM. Since further reviewing the Owners Corp Act, it's become clearer.

I wouldn't expect it would get everyone off side, as not everyone agreed with all the said resolutions, however primarily, it should be simply one unit one vote as is indicated in the Owners Corporation Act.

A couple of vocal voices seemed to get the attention of the Manager, who seemed to drop his game and just seemed to want to get out of the office, as it was getting late.

I think the manager who was chairing the meeting, should do their job properly as they are deemed expert in their field of knowledge, that I would have thought included knowledge of proper procedure for AGMs. I would have thought that's why they get paid. As such the manager has already got a few owners off side. Anyway the committee is now aware of the problem this has created, thus I expect it will be resolved, perhaps in part, as you've suggested.