Calling an extraordinary general meeting

An extraordinary general meeting is any general meeting of the body corporate that is not the annual general meeting. They can be held at any time of the year.

A body corporate can have as many or as few extraordinary general meetings as it wants.

Who can call an extraordinary general meeting

An extraordinary general meeting can be called by either a:

• committee member (if approved by the majority of voting committee members)
• written request signed by at least 25% of lot owners or their representatives
• person authorised by an adjudicator’s order.

Owners requesting an extraordinary general meeting

Usually the committee will decide to call an extraordinary general meeting, but owners can also ask for one. The notice requesting the extraordinary general meeting must be given to the body corporate secretary—or in the secretary’s absence, the chairperson (the secretary is taken to be absent if they do not respond to the request within 7 days).

The request must include:

• signatures of at least 25% of lot owners or their representatives
• motions the owners want to have decided at the meeting.

The person receiving the request must call an extraordinary general meeting within 14 days.

The meeting must be held within 6 weeks of receiving the notice.

If the meeting is not called within 14 days, the owners who signed the original request can ask another committee member to call the meeting. The meeting must be called within 14 days of receiving the new request.

Giving lot owners notice

Each lot owner has to be given written notice of an extraordinary general meeting at least 21 days before the meeting.

The notice can be given to the lot owner personally, at their address for service (which may include an email address) or in another way (if there is an agreement between the owner and the body corporate).

The meeting notice must include:

• the time and place of the meeting
• the agenda
• a proxy form
• a company nominee form, if the owner is a company
• a voting paper for all open motions
• for all motions decided by secret ballot
  • a secret voting paper
  • an envelope marked ‘secret voting paper’
  • a separate particulars tab or envelope
• any explanatory schedule or material required.

Agenda

The committee must decide on the agenda.

The agenda for the extraordinary general meeting must include:

• any motions listed in the notice requesting the extraordinary general meeting, if it is a requested extraordinary general meeting
• any motions submitted by
  • the committee
  • lot owners received before calling the extraordinary general meeting that can reasonably be included on the agenda (other than original motions in a group of same-issue motions)
• a motion to confirm the minutes of a previous general meeting
• if there is a group of same-issue motions
  • the title of the group
  • a list of the original motions in the group in order of their resolution type.

Find out how to submit a motion to a general meeting.

Voting papers

The secretary must prepare a hard-copy voting paper for all open motions to be decided at an extraordinary general meeting.

The secretary must also prepare a hard-copy secret voting paper for any motion to be decided by secret ballot.

If there are 2 or more motions requiring a secret ballot, they may appear on the same secret voting paper. However, if 2 or more secret ballot motions are part of a group of same-issue motions, they must appear on 1 secret voting paper.

If applicable, the secretary must also prepare an electronic form of the:

• voting paper for all open motions
• secret voting paper for any motions to be decided by secret ballot.

Read more about electronic voting.

A voting paper for the meeting must:

• state each motion in the form it was submitted
• state either
  • the name and lot number of the person who submitted the motion
  • ‘motion proposed by the committee’
• state the type of resolution required for each motion
• allow voters to record a written vote on each motion
• say ‘secret voting paper’ if it is one
• state if there is an explanatory note for the motion included in the explanatory schedule
• give instructions on how to vote electronically for an open or secret ballot motion (if this option was agreed to by ordinary resolution of the body corporate).

The voting paper for a group of same-issue motions must list the motions:

• under a group title (as on the agenda)
• in order of higher to lower threshold resolution motions, which is
  • resolution without dissent motions
  • special resolution motions
  • majority resolution motions
  • ordinary resolution motions.

A group of same-issue motions must appear on a separate voting paper.

Explanatory schedule

The explanatory schedule is part of the notice of an extraordinary general meeting. It includes material about the motions on the agenda, including an explanatory note:

• about a motion given to the body corporate by an owner who proposed the motion—no longer than 300 words
• for a motion proposing a change to the regulation module using the approved form, explaining the effect of any proposed change.

The explanatory schedule for a group of same-issue motions must include:

• the group title (as on the agenda)
• a list of each original motion with wording as was submitted
• an explanatory note that is not over 300 words from the submitter about each original motion
• an explanatory note about the process for voting on a group of same-issue motions.

The committee may include an explanatory note to owners’ motions, as long as the committee’s explanatory note is included with the notice of the meeting on a separate explanatory schedule.

The committee is not subject to a word limit when including an explanatory note.