sch.2-sec.1-oc.2General meetings of body corporate

### sch.2-sec.1-oc.2 General meetings of body corporate A general meeting of a body corporate (in this section called an extraordinary general meeting ), which is not an annual general meeting, shall be held whenever it is convened by the committee. All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting. Without limiting the power of a committee under subsection (2) — the secretary of a committee or, in the secretary’s absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement; and where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subsection, the member may give, on behalf of the committee, the notice required to be given under subsection (4) . Notice of a general meeting of a body corporate shall— be served on each proprietor and first mortgagee of a lot, as ascertained from the roll, at least 7 days before the meeting; and set forth the date and time when and the place where the meeting is to be held; and where it is so served on a first mortgagee of a lot—include the name of the proprietor of the lot and the addresses of the lot; and set forth the business of the meeting and therein, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and where it is so served pursuant to a requisition referred to in subsection (3) (a) , specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. Nothing in subsection (4) (a) requires a proprietor to serve on himself or herself notice referred to therein. A general meeting of a body corporate shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee. Every notice for an annual general meeting shall— be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) of this Act and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— is in agreement with the accounts; and in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and include a form of motion for adoption of those accounts; and include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and if no nomination is received for any such position prior to the closing date, contain advice that the position will be filled from nominations received from the floor of the meeting. The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited. However, such a motion shall not be carried except by a special resolution. If the motion is so carried the motion referred to in subsection (5) (ba) shall not be proceeded with. Nothing in subsections (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited. Every notice for an annual general meeting or an extraordinary general meeting shall— include— a form of motion to confirm the minutes of the last general meeting; and where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and a form of each other motion which— relates to the striking of a special monetary levy on all proprietors; or seeks to alter the rights, privileges or obligations of proprietors; or seeks to alter the annual monetary contribution of proprietors; to be considered at the meeting; and be accompanied by— a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and a copy of the minutes of the last general meeting; and inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and either— in person at the meeting; or by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless the person is entitled to vote on that motion or in that election. For the purposes of subsection (6A) , a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote on that motion or in that election. A motion shall not be submitted at a general meeting unless notice of the motion has been given in accordance with this section. A reference in subsection (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in section 5 (b) , in respect of the motion sought to be amended. The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. No business shall be raised at a meeting unless that business is set forth in the notice of the meeting. sch 2 pt 2 s 1 amd 1988 No. 23 ss 81(a), 84; 1990 No. 87 s 22 (a) – (b) ; 2005 No. 14 s 2 sch ; 2022 No. 28 s 48 sch 1 (sch.2-sec.1-oc.2-ssec.2) A general meeting of a body corporate (in this section called an extraordinary general meeting ), which is not an annual general meeting, shall be held whenever it is convened by the committee. (sch.2-sec.1-oc.2-ssec.2A) All business shall be deemed special which is transacted at an annual general meeting (with the exception of the consideration of accounts and the election of the chairperson, secretary and treasurer of the body corporate and other members of the committee) or at an extraordinary general meeting. (sch.2-sec.1-oc.2-ssec.3) Without limiting the power of a committee under subsection (2) — the secretary of a committee or, in the secretary’s absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement; and where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subsection, the member may give, on behalf of the committee, the notice required to be given under subsection (4) . (sch.2-sec.1-oc.2-ssec.4) Notice of a general meeting of a body corporate shall— be served on each proprietor and first mortgagee of a lot, as ascertained from the roll, at least 7 days before the meeting; and set forth the date and time when and the place where the meeting is to be held; and where it is so served on a first mortgagee of a lot—include the name of the proprietor of the lot and the addresses of the lot; and set forth the business of the meeting and therein, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and where it is so served pursuant to a requisition referred to in subsection (3) (a) , specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. (sch.2-sec.1-oc.2-ssec.4AA) Nothing in subsection (4) (a) requires a proprietor to serve on himself or herself notice referred to therein. (sch.2-sec.1-oc.2-ssec.4A) A general meeting of a body corporate shall not be held at any place outside a radius of 15km from the parcel if, prior to the commencement of the meeting, 25% of the persons entitled to vote at the meeting object to that place by notice in writing to the secretary of the committee. (sch.2-sec.1-oc.2-ssec.5) Every notice for an annual general meeting shall— be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) of this Act and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— is in agreement with the accounts; and in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and include a form of motion for adoption of those accounts; and include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and if no nomination is received for any such position prior to the closing date, contain advice that the position will be filled from nominations received from the floor of the meeting. (sch.2-sec.1-oc.2-ssec.5A) The notice for an annual general meeting may include a motion that the accounts of the body corporate relating to the next ensuing financial year shall not be audited. (sch.2-sec.1-oc.2-ssec.5B) However, such a motion shall not be carried except by a special resolution. (sch.2-sec.1-oc.2-ssec.5C) If the motion is so carried the motion referred to in subsection (5) (ba) shall not be proceeded with. (sch.2-sec.1-oc.2-ssec.5D) Nothing in subsections (5A) to (5C) shall prevent a body corporate resolving by ordinary resolution that the accounts of the body corporate relating to any period specified in the resolution shall be audited. (sch.2-sec.1-oc.2-ssec.6) Every notice for an annual general meeting or an extraordinary general meeting shall— include— a form of motion to confirm the minutes of the last general meeting; and where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and a form of each other motion which— relates to the striking of a special monetary levy on all proprietors; or seeks to alter the rights, privileges or obligations of proprietors; or seeks to alter the annual monetary contribution of proprietors; to be considered at the meeting; and be accompanied by— a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and a copy of the minutes of the last general meeting; and inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and either— in person at the meeting; or by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. (sch.2-sec.1-oc.2-ssec.6A) A person is not entitled to submit a motion for inclusion in the agenda of a meeting, to move a motion at the meeting or to nominate a person for election as the chairperson, secretary or treasurer of the body corporate or a member of the committee unless the person is entitled to vote on that motion or in that election. (sch.2-sec.1-oc.2-ssec.6B) For the purposes of subsection (6A) , a proprietor who but for the existence of a mortgage over the proprietor’s lot or the proprietor’s failure to pay any contribution levied or other amount recoverable by the body corporate, would be entitled to vote on a motion or in an election or a company nominee of any such proprietor that is a corporation shall be deemed to be entitled to vote on that motion or in that election. (sch.2-sec.1-oc.2-ssec.7) A motion shall not be submitted at a general meeting unless notice of the motion has been given in accordance with this section. (sch.2-sec.1-oc.2-ssec.8) A reference in subsection (7) to a motion includes a reference to a motion to amend a motion unless there is no vote cast in writing, as referred to in section 5 (b) , in respect of the motion sought to be amended. (sch.2-sec.1-oc.2-ssec.9) The chairperson of a general meeting may with the consent of the meeting adjourn any general meeting from time to time and from place to place but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (sch.2-sec.1-oc.2-ssec.10) No business shall be raised at a meeting unless that business is set forth in the notice of the meeting. - (a) the secretary of a committee or, in the secretary’s absence, any member of the committee shall convene an extraordinary general meeting of the body corporate as soon as practicable after he or she receives a requisition for an extraordinary general meeting signed by 1 or more persons entitled to vote in respect of 1 or more lots, the lot entitlement or the sum of the lot entitlements of which is at least one-fourth of the aggregate lot entitlement; and - (b) where a member of the committee other than the secretary receives a requisition to convene an extraordinary general meeting of the body corporate under this subsection, the member may give, on behalf of the committee, the notice required to be given under subsection (4) . - (a) be served on each proprietor and first mortgagee of a lot, as ascertained from the roll, at least 7 days before the meeting; and - (b) set forth the date and time when and the place where the meeting is to be held; and - (c) where it is so served on a first mortgagee of a lot—include the name of the proprietor of the lot and the addresses of the lot; and - (d) set forth the business of the meeting and therein, in respect of each motion to be considered by the meeting, specify whether the motion to be carried requires a resolution, special resolution, resolution without dissent or unanimous resolution; and - (e) where it is so served pursuant to a requisition referred to in subsection (3) (a) , specify a date for the convening of the extraordinary general meeting to which it relates that is not later than 1 month after the date on which the secretary or member, as the case may be, of the committee received the requisition. - (a) be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 38D (1) (c) of this Act and, where the accounts of the body corporate for that period are required by this Act to be audited a copy of a certificate by the auditor certifying whether the statement of accounts— (i) is in agreement with the accounts; and (ii) in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (i) is in agreement with the accounts; and - (ii) in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (b) include a form of motion for adoption of those accounts; and - (ba) include a form of motion for the appointment of a qualified auditor to audit the accounts of the body corporate for the next ensuing financial year; and - (c) when necessary, be accompanied by a ballot paper for the election of candidates as chairperson, secretary and treasurer of the body corporate and as other members of the committee; and - (d) if no nomination is received for any such position prior to the closing date, contain advice that the position will be filled from nominations received from the floor of the meeting. - (i) is in agreement with the accounts; and - (ii) in the auditor’s opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period; and - (a) include— (i) a form of motion to confirm the minutes of the last general meeting; and (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all proprietors; or (B) seeks to alter the rights, privileges or obligations of proprietors; or (C) seeks to alter the annual monetary contribution of proprietors; to be considered at the meeting; and - (i) a form of motion to confirm the minutes of the last general meeting; and - (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and - (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all proprietors; or (B) seeks to alter the rights, privileges or obligations of proprietors; or (C) seeks to alter the annual monetary contribution of proprietors; to be considered at the meeting; and - (A) relates to the striking of a special monetary levy on all proprietors; or - (B) seeks to alter the rights, privileges or obligations of proprietors; or - (C) seeks to alter the annual monetary contribution of proprietors; - (b) be accompanied by— (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and (ii) a copy of the minutes of the last general meeting; and - (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and - (ii) a copy of the minutes of the last general meeting; and - (c) inform each person to whom the notice is addressed that the person or, where the notice is addressed to a corporation, a company nominee of the corporation may vote in respect of each motion and, where relevant, on election of the chairperson, secretary and treasurer of the body corporate and other members of the committee— (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. - (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and - (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and - (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. - (i) a form of motion to confirm the minutes of the last general meeting; and - (ii) where the notice is for a meeting required to be convened by a person appointed under section 43 (5) of this Act for the purpose of appointment of members of a committee, a form of motion for election of those members; and - (iii) a form of each other motion which— (A) relates to the striking of a special monetary levy on all proprietors; or (B) seeks to alter the rights, privileges or obligations of proprietors; or (C) seeks to alter the annual monetary contribution of proprietors; to be considered at the meeting; and - (A) relates to the striking of a special monetary levy on all proprietors; or - (B) seeks to alter the rights, privileges or obligations of proprietors; or - (C) seeks to alter the annual monetary contribution of proprietors; - (A) relates to the striking of a special monetary levy on all proprietors; or - (B) seeks to alter the rights, privileges or obligations of proprietors; or - (C) seeks to alter the annual monetary contribution of proprietors; - (i) a voting paper in respect of each motion referred to in paragraph (a) to be considered and determined at the meeting for use by a person entitled to vote if the person wishes to cast a vote in writing; and - (ii) a copy of the minutes of the last general meeting; and - (i) in the case of a proprietor of a lot subject to a mortgage shown on the roll—only in accordance with section 131 of this Act; and - (ii) except in the case of a motion requiring a unanimous resolution or a resolution without dissent—only if all contributions levied in respect of the lot and due and payable at least 30 days before the meeting, and any other moneys recoverable under this Act by the body corporate from the person to whom the notice is addressed at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and - (iii) either— (A) in person at the meeting; or (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon. - (A) in person at the meeting; or - (B) by a person appointed in writing given to the secretary of the body corporate before a time specified in the notice (being a time not later than the time for the holding of the meeting) as a proxy; or - (C) in respect of some or all of the motions set out in the notice by casting the person’s vote on the voting paper referred to in paragraph (b) accompanying the notice; or - (D) in respect of the election of the chairperson, secretary or treasurer of the body corporate and other members of the committee, by furnishing to the secretary of the body corporate the ballot paper given to the person in accordance with subsection (5) (c) indicating the person’s vote thereon.