AGMs and general meetings

The body corporate AGM, from notice to minutes

A body corporate's annual general meeting (AGM) runs on a clock and a checklist set by the Sectional Titles Schemes Management Act and its 2016 regulations. Estate Manager follows both: the notice period checked, the notice pack sent, the register and the quorum kept live, and the minutes drafted from the record.

PMR 17(1) The AGM within four months of year endPMR 15(1) 14 days' written noticeSection 6(2) 30 days for a special resolution
An AGM's details, with a QR code, a reply on whether you will attend, and the notice issued 59 days before against the 30 days of section 6(2) but not yet on paper, beside a phone showing an owner present electronically.
The same, on a phone.
The notice checked against the legal period, and an owner checked in online.

Notice

The AGM notice period, checked before the notice goes out

A general meeting needs at least 14 days' written notice, or 30 when a special or unanimous resolution is on the agenda, unless the scheme's rules provide for shorter notice. Estate Manager reads the agenda, sets the period and shows the last day to issue the notice. A meeting called short is marked, and the chair's reason stays in its record.

The notice pack goes by email to every owner and the managing agent, with the agenda and Form C prefilled for each owner. The delivery report shows each recipient, the address used and when the email went, with a resend for failures. When a special or unanimous resolution is on the agenda, the notice must also reach each owner by hand or by registered post, so the report records each delivery on paper and allows seven days for a registered letter to arrive.

  • A change after the notice marks it stale until an amended notice goes out
  • Owners without an email address are listed, and their notice by hand or by post is recorded
  • Bondholders and holders of future development rights in the register receive the notice too, and their notice on paper is recorded
PMR 15(1) 14 days' written noticeSection 6(2) 30 days for a special or unanimous resolutionSection 6(3) By hand or registered post for a special resolutionPMR 15(8) A reasonable attempt to notify
Count back from your meeting date
The notice delivery report of an AGM: 28 of 30 recipients sent, two without an email address, each with the address used, the time sent and whether its notice on paper was in time.
Proof of a reasonable attempt to notify every member.

Agenda

An agenda that knows each resolution's type

Rule 17(7) asks the agenda to describe all the business, with the proposed wording of any special or unanimous resolution. Estate Manager's agenda holds the business that takes no vote, such as the trustees' report, beside the matters to be voted on, and puts it in the order of business of rule 17(6). Each resolution carries a title, its wording, its type and its proposer, with a seconder only where there is one, since a motion needs none. Drag them into order until the meeting opens.

The type sets the notice period, tells owners on the ballot what passes the resolution and decides the count. A budget tabled at the AGM is approved, or not, when its resolution's poll closes.

PMR 17(7) The wording on the agendaPMR 20(1)(a) No seconder needed
How each resolution is counted
An AGM agenda in the order of rule 17(6), from proof of notice and quorum to the previous minutes and the trustees' report, each with its wording and whether it is for discussion or an ordinary resolution.
The agenda goes out with the notice and sets the order of the vote.

Attendance, quorum and adjournment

An attendance register with a live quorum

The chair checks owners in as they arrive, in person, online or by proxy, including a signed proxy form handed in before or at the start. Owners attending online check in for their own units and the proxies they hold, and count once the chair confirms who they are. The register decides who votes for each owner.

The quorum meter moves with every check-in, in value and in persons. Without a quorum, or when the business cannot be finished, the chair adjourns. By default the follow-on meeting falls on the same day of the next week, needs no notice of its own and carries over the undecided business with its proxies.

  • Estate Manager does not host the call: owners join your scheme's call and vote beside it
PMR 17(10) Online attendance, identity confirmedPMR 19(4) Adjourned to the same day next weekPMR 18(3)(f) Adjourning unfinished business
The attendance register in the dark theme, with a quorum present at 70.15 per cent in value against 33.33 needed, above the owners and their check-in buttons.
The register and the quorum, live, as the chair sees them.

Results and minutes

Minutes drafted from the record

Each result is recorded as its poll closes, with a results certificate to print and sign. When the meeting ends, Estate Manager drafts the minutes in Word: the notice, the attendance with how each proxy was lodged, the quorum, and each resolution with its result in value and in number.

The draft never says how a member voted, and it keeps the register of the day, so a later transfer does not change who attended. The secretary edits it, and the next general meeting approves it.

PMR 27(2)(a) What the minutes recordPMR 20(8) Each result announcedPMR 17(6)(f) Approved at the next meeting
The first page of draft minutes: the opening, the notice and the days it gave, the attendance and proxies, and a table of who attended and how.
Draft minutes in Word, for the secretary to edit.

On the clock

A body corporate AGM, on the clock

The dates the Act and the prescribed management rules set, from year end to an adjourned meeting.

  1. Year end

    Four months to hold the AGM

    The AGM must be held within four months of the end of the financial year. Estate Manager shows the current financial year above the budgets, with the date by which the AGM after it is due.

    PMR 17(1)
  2. 30 days before

    Notice of a special resolution

    Written notice specifying a special or unanimous resolution, unless the rules provide for shorter notice. Estate Manager raises the period as soon as one is added to the agenda.

    Section 6(2)
  3. 14 days before

    Notice of the meeting

    The last day for notice of a meeting with ordinary business only. The dashboard flags a notice due within seven days, or late.

    PMR 15(1)
  4. 48 hours before

    Proxies and nominations close

    Proxy appointments and acceptances reach the body corporate, as do trustee nominations with the nominee's written consent. Estate Manager closes online appointments then.

    PMR 20(5), PMR 7(2)
  5. 30 minutes after the start

    A quorum, or an adjournment

    Without a quorum, the meeting stands adjourned to the same day of the next week. If the quorum is still short 30 minutes into that meeting, the members present in person or by proxy form it.

    PMR 19(4)

What the law says

Body corporate AGM requirements

General meetings follow section 6 of the Sectional Titles Schemes Management Act and prescribed management rules 15 to 20 of its 2016 regulations. A scheme's own rules may differ where the law allows.

General information, not legal advice.

PMR 17(1), 17(3)

One AGM a year

Within four months of the end of each financial year. Every other general meeting is a special general meeting (SGM).

PMR 15(1)

Who receives notice

At least 14 days' written notice of the place, date and time, to the members, the registered bondholders, the holders of future development rights and the managing agent.

Section 6(2), 6(3), 6(4)

Notice of a special or unanimous resolution

At least 30 days' written notice, handed to each member or sent by pre-paid registered post to their section or to an address they chose in writing. Email may go too, but only in addition.

PMR 17(6)

What the AGM decides

The trustees' report, the insurance replacement values and cover, the administrative and reserve fund budgets, the financial statements, the auditor and the election of trustees, in the order the rule sets.

PMR 17(10), 17(11)

Online and hybrid meetings

Attendance by telephone or another method counts as present in person, if everyone entitled to attend can use it, all can communicate and the chair can confirm identities with reasonable certainty.

PMR 19(2), 19(4)

Quorum

Members holding one third of all the votes in value, with at least two persons present, or two thirds in a scheme with fewer than four primary sections or members. Without a quorum after 30 minutes, the meeting stands adjourned for a week.

PMR 27(2)(a), 20(8)

The minutes

The date, time and place, who was present and in what role, how proxies were authorised, the text of every resolution and the result of every vote, which the chair announces.

What goes out with the AGM notice

Rule 15(3) sets the minimum: an agenda, the papers to be considered or approved, and a proxy form. At an AGM, rule 17(6) decides which papers those are. Estate Manager's notice pack carries the place, date and time, the resolutions with their wording, Form C, a list of the papers that the managers add to the meeting with the link to them, and at an AGM how to nominate a trustee, with a nomination form. The managers send the rest of the agenda with it.

  • The place, date and time, and any online link
  • The agenda, in the order of business of rule 17(6)
  • The wording of each special or unanimous resolution
  • The minutes of the last general meeting
  • The trustees' report
  • The insurance replacement value schedule
  • The administrative and reserve fund budgets
  • The annual financial statements
  • Form C, with the 48-hour cut-off for proxies
  • How to nominate a trustee, 48 hours ahead

Free template

AGM agenda and notice checklist

An editable AGM agenda in the order of business of rule 17(6), with a checklist of what the notice carries, who receives it and when, and which of those Estate Manager's notice pack carries itself.

DOCX
agm-agenda-and-notice-checklist.docxWord · free download
  • The AGM's order of business, item by item
  • A resolution block: type, wording, proposer and seconder
  • The notice periods of 14, 30 and 7 days
  • The 48-hour cut-offs for proxies and nominations

Questions

Questions about body corporate AGMs

Anything else: ask us when you book a demo, or write to info@nanotech-computers.com.

What is a body corporate AGM, and what is it for?
A body corporate's general meetings are meetings of its members, the owners of its units (section 2). The annual general meeting, held within four months of year end (rule 17(1)), is where the members receive the trustees' report, approve the insurance replacement values, decide the cover, approve the administrative and reserve fund budgets, consider the financial statements, appoint an auditor and elect the trustees (rule 17(6)).
How much notice is needed for a body corporate AGM?
At least 14 days' written notice of the place, date and time (rule 15(1)), or 30 days' written notice specifying a special or unanimous resolution, unless the scheme's rules provide for shorter notice (section 6(2)). A missed notice does not invalidate a vote if the body corporate made a reasonable attempt to give it (rule 15(8)).
How do you call an AGM at shorter notice?
Rule 15(7) allows 7 days when the trustees resolve that urgency requires it, except for a meeting under rule 29(2) or (4), or less than 14 days when everyone entitled to attend agrees in writing. Whether that shortens the 30 days for a special resolution is for the scheme's attorney to say. Until then, give 30 days.
Is an AGM a legal requirement?
Yes, within four months of the end of each financial year (rule 17(1)). A body corporate may skip it only if every member waives it in writing, before or within a month of year end, and consents in writing to motions covering all its business (rule 17(2)).
Who can call a special or extraordinary general meeting?
A special general meeting, often called an extraordinary general meeting, is any general meeting other than the AGM. The trustees may call one whenever they see fit, and must when members entitled to 25 per cent of the total quotas, or the holder of bonds over not less than 25 per cent in number of the primary sections, deliver a written and signed request, with the motions going on the agenda unchanged. If the trustees do not act within 14 days, those who asked may call it (rule 17(3) to (5)).
Who may attend a body corporate AGM?
The members, in person or by proxy. Registered bondholders, holders of future development rights and the managing agent may attend and speak, but may not propose motions or vote in that capacity (rule 15(5)). A tenant can take part as a member's proxy, because a proxy need not be a member (rule 20(6)).
Can a body corporate hold a virtual or hybrid AGM?
Yes, in hybrid form. Members may attend by telephone or another method that everyone entitled to attend can use, that lets all participants communicate and that lets the chair confirm identities, and they count as present in person (rule 17(10) and (11)). For a virtual AGM with no venue, ask the scheme's attorney, since the notice states a place (rule 15(1)). The call runs on your own video service, and owners check in and vote in Estate Manager, the AGM voting software beside it.

See a meeting run, from notice to minutes

A demo walks through a general meeting on a fictional scheme, from the notice and the proxies to the vote and the paperwork that follows.