Can I waive the notice period for our Strata SGM or AGM?

Waving the notice period for an SGM or SGM

If you’ve been involved with Strata Management for long enough, then you have undoubtedly come across a situation whereby the owners have wanted to hold a rush SGM! Examples of this might include a roof replacement project when a deposit was required to get the roofing contractor started prior to the rainy season starting, or an elevator replacement project that wasn’t deemed an emergency, but funds were required to get going.

For all general meetings, sufficient notice is required, which translates into roughly 20 days depending on delivery method.

Having said that, there are exceptions to this rule

As per Strata Property Act Section 44

(1) The strata corporation does not have to hold a special general meeting to consider a resolution if all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to the resolution.

(2) If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolution under subsection (1).

While the Strata Property Act does not give specific direction in the waiver of notice for a strata to hold a meeting, the same conditions if applied would follow from section 44, thereby meeting the standard required by the Act for waiver of conducting a meeting, which includes notice.

In conclusion, you CAN waive the notice period for a meeting, or waive the meeting entirely IF all owners agree, in writing. This would include both owners in the case of a unit owned by two or more people. If you are missing even one owner’s authorization, then technically speaking you CANNOT waive the notice period.

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