From 21 July 2021, electronic voting and meetings have been reinstated for owners corporations and community land associations. This applies regardless of the adoption of a resolution, enabling bodies corporate to seamlessly transition meetings and voting to electronic methods. Unless otherwise extended, these regulations will remain until January next year.
Strata Management
The Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2021 enables various forms of electronic alternatives in light of the recent COVID-19 restrictions in terms of strata management.
Under this regulation, notice may be provided to relevant persons of a strata meeting via an email specified for document service. Voting at strata meetings may also be conducted electronically, as determined by the owners’ corporation or strata committee. This may be implemented with teleconference, videoconferencing, email, voting websites, or other agreed electronic means. Email voting may also take place prior to the meeting, so long as the voting is not concerning an election, and the notice of the meeting specifies that pre-meeting electronic voting will be the voting medium. Pre-meeting voting may be whole or part of the voting process, and pre-meeting motions may not be amended or reversed at the meeting to change the subject matter of the motion.
As an alternative to affixing the seal of an owners corporation to an instrument or document, the document may be signed by each signatory in the presence of relevant persons. The instrument must indicate the date of signature, names of each signatory and witness, the relationship of each signatory and witness to the owners’ corporation, and if relevant, indicating whether a signatory or witness is the strata managing agent (or their relevant officer) of the owners’ corporation and their license number. Witnessing over an audio-visual link such as Zoom, Microsoft Teams, Skype or other similar medium is sufficient.
Community Land Management
As for strata management, the Community Land Management Amendment (COVID-19) Regulation (No 2) 2021 allows community land management associations or committees to conduct meetings via teleconference, videoconferencing, email, voting websites, or other agreed electronic means. Pre-meeting email voting is also permitted, with the same requirements as strata meetings.
Community land management associations or committees may also use the same alternative means of affixing the seal as described for strata management, except that the strata management agent is substituted for the managing agent of the association. Witnessing requirements may also be met over an audio-visual link.
Please feel free to contact us if you wish to discuss how these changes or other COVID-19 regulations impact you or your business.
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This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever to this blog, including all or any reliance on this blog or use or application of this blog by you.
