Some owners of our complex want to request the Trustees to call up a special meeting to air concerns and other issues .....how do we go about requesting it from the trustees as they are unapproachable when it comes to meetings.

I know that according to the ST ACT, 25% (our complex has 60 units)of the owners may request the trustees in writing to convene a special general meeting.

Can, 2 or 3 owners go door to door asking for signatures to obtain the 25%?

By doing this will we be transgressing any rules?

Hi Sudashin

Remeber that the trustees work for the body corporate and as such are servants to the body corporate. Any owner can request a meeting when ever he wants to as long as the 25% quota has been met. If the trustees don't call a meeting after 14 days you can have the meetig yourself.

Hi Sudashin

It is correct that 25% of the owners in a complex can call for a special general meeting, but they must do so in writing.

As your complex has 60 units, you’d need 15 owners to do this. Either you can get 15 of the owners to write individual letters to the trustees, or you can get 15 signatures on one letter.

The easiest method to obtain the 15 signatures is to go from door to door, or ask 15 of the owners whom you know in the complex. This shouldn’t transgress any standard rules.

It wouldn’t matter if one, 2 or 3 owners went from door to door, it would only make the administration of this task a bit easier, as 3 people would each have to get 5 signatures (4 plus theirs) each, instead of one owner getting 15 signatures (14 plus theirs).

If the trustees do not call a meeting within 14 days, the owners may call for a meeting themselves.

As the notice for any special general meeting is usually 14 days. It would be advisable to wait for 14 days for the notice from the trustees. If 14 days pass and you do not receive notice of a special general meeting, then the owners need to provide the notice.

If you have a managing agent, the managing agent should provide the notice for the special general meeting, as they would have all the required information, such as the names and addresses of all the registered owners of the complex.

Even for this meeting you should ensure that a quorum is present. As this is set at 20% of the owners of the complex (for complexes above 50 units), you’d need 12 owners present to discuss any matter and pass resolutions on the matters discussed.

It is very likely that a quorum would be present, as in your case, only 12 owners form a quorum, but 15 owners need to request the meeting.

If a quorum is not present within 30 minutes of the scheduled start time of the meeting, then you need to postpone the meeting for the same time, same place the following week.

If no quorum is present at this subsequent meeting, then the owners who are present (even if it is one), will form the quorum. Although I’d suggest giving notice of the postponed meeting to all the owners as it may cause owners to be upset if they do not know of the subsequent meeting, and the quorum requirements for it, and may try to contest any decisions or resolutions passed at this meeting.

Regards

Grant O'Donnell
Stonewood Properties