A recent FAQ from a committee member to SSKB raised an interesting question –can a resolution from an AGM or part thereof, be rescinded by the Owners Corporation committee at a subsequent ordinary meeting?
This is an important question – if a mistake is made in an Annual General Meeting and needs to be rectified urgently at the next meeting (a Committee Meeting), does the committee have the power to rescind the resolution in favour of a new one?
The answer to this question varies significantly between the differing states and their legislation.
The Owners Corporation Act 2006 (Victorian) is silent on the matter of rescinding resolutions from an Annual General Meeting, by the Committee or the Owners Corporation. However under the Interpretation of Legislation Act 1984 (Vic), only the body which has made the decision can undo that decision. This means that the body present at an AGM (Lot Owners) could rescind or amend the resolution at the AGM, and only the same body can actually rescind and change the resolution at a subsequent meeting. Therefore, a Special General Meeting must be called to do so. The Committee cannot rescind the decision at a Committee Meeting.
If you have questions or require specialist advice on the intricacies of committee decisions in your Owners Corporation, talk to SSKB. Our experienced and professional team can provide you with advice tailored specifically to the needs of you and your property.
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