Page 27 - Robin Twaddle PTG 2017 Digital
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including major capital items expected to require maintenance, repair and replacement within
the next 10 years, the estimated cost of such maintenance, repair and replacement and the
expected life of those items. This plan is used to ascertain Reserve Fund Contributions.
MEETINGS OF THE BODY CORPORATE
The developer must convene a meeting of the members of the body corporate not more
than 60 days after the establishment of the body corporate, and is required to furnish
the members with information and documentation regarding the scheme at such meeting
(as are listed in section 2(8)(c) of the STSMA).
Section 6 of the STSMA sets out the requirements and procedures for body corporate
meetings, and, inter alia, provides that body corporate meetings must take place at a time
and in such form as determined by the body corporate. Where a special or unanimous
resolution will be taken, 30 days’ prior notice must be given to all the members in the
prescribed form.
Votes are calculated in value, or in number, as is set out in section 6(6) and (7).
A person may not act as a proxy for more than 2 members of the body corporate.
A body corporate or an owner who is unable to obtain a special or unanimous
resolution may approach the Chief Ombud for relief.
OWNER MEETINGS
The body corporate must hold an AGM within 4 months of the end of each financial year,
unless this requirement is waived.
Business must not be transacted at any general meeting unless a quorum is present or
represented, and a quorum for a general meeting is constituted –
◆◆ for a scheme with less than 4 primary sections or a body corporate with less than four
members, by members entitled to vote and holding two thirds of the total votes of
members in value.
◆◆ for any other scheme, by members entitled to vote and holding one third of the total
votes of members in value, provided that at least two persons must be present unless
all the sections in the scheme are registered in the name of one person, and provided
further that in calculating the value of votes required to constitute a quorum, the value
of votes of the developer must not be taken into account.
◆◆ For the purpose of establishing a quorum and for the purposes of section 6 of the Act,
the value of votes of any sections registered in the name of the body corporate must not
be taken into account and the body corporate must not be considered to be a member.
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