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Special General Meeting

By Leo Riphagen on Tue, 28 Feb 2012 at 05:18

We need a unanimous resolution to add a Management Rule.

It is virtually impossible to have a general meeting with a legal quorum. There are only four units with nearly the same PQs and one owner is very seldom available.

There is no postal delivery.
There is only one owner whose PO Box number is known.
Owners are too seldom at their units for hand delivery.

However, all owners have indicated that they want to receive notices by email.

§ 2(b) “was dispatched by prepaid registered post not less than 30 days prior to such meeting to the address of a member’s unit in the relevant scheme, or such other address as a member may have indicated in writing for the purposes of such notice.”

Would email be sufficient for the delivery of a “round robin” letter to get the written (email) vote for or against the Rule?

Would § 3(b) be applicable that if no vote is received, it can be regarded as an abstention and thus a vote in favour.

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RE: Special General Meeting

Thomas Groenewald replied on Tue, 28 Feb 2012 at 17:09

Why not asgree on a date and time via emial and then get together?

RE: Special General Meeting

Gerhard Bezuidenhout replied on Tue, 28 Feb 2012 at 19:15

The new electronic notification rule only applies to an AGM.

For a written (round robin) unanimous resolution ALL owners must sign the resolution.
No vote received is what it says - no abstention rule to be applied....Show More

RE: RE: Special General Meeting

Anne Greening replied on Wed, 29 Feb 2012 at 08:38

Why not make use of the Body Corporate's right to approach the court for relief if you are unable to obtain a unanimous resolution? (refer to Section 1 of the AT Act - it's the penultimate paragraph of Section 1).

RE: RE: RE: Special General Meeting

Gerhard Bezuidenhout replied on Wed, 29 Feb 2012 at 18:28

Hi, Anne - the reference draw my attention because at our BC we will be in a struggle soon. For the benefit of all:
Body Corporate right to approach court when unable to obtain a Unanimous Resolution-
(3A) If a body corporate is unable to obtain a
unanimous resolution, it may, notwithstanding
the provisions of subsection (3)(c), approach
the court for relief.

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