NOTICE OF EXTRAORDINARY GENERAL MEETING

THE OWNERS – STRATA PLAN NO. 3840
51-53 THE CRESCENT, MANLY

An Extraordinary General Meeting of The Owners Strata Plan No. 3840 will be held wholly by pre-meeting electronic voting on:

Date: Friday, 4th April 2025
Time: 10:00 AM

All votes must be received by 10:00 AM, Thursday, 3rd April 2025 for collation.

MEETING AGENDA

1. Chairperson for the Meeting

The Strata Managing Agent will act as the chairperson under delegation. Proxies and votes will be collated by the Strata Managing Agent.

2. Secretary for the Meeting

The Strata Managing Agent will also act as secretary under delegation and will provide the meeting minutes after collating the proxies and votes received.

Explanatory Note:

A formal record of the meeting in the form of minutes is required. The Secretary would typically record the minutes, but with the Secretary’s consent, the meeting may resolve that the Managing Agent does so under existing delegations.

3. Calling of the Roll

The following will be recorded:

  • Those Present by Voting Paper
  • Those Present by Proxy
  • Attendees
  • Apologies

MOTIONS

1. Confirmation of Previous Meeting Minutes

Motion 1.1: That the minutes of the last general meeting of the Owners Corporation, held on 09th August 2024, be confirmed as a true record of proceedings.

Explanatory Note:

Clause 8(1)(a) of Schedule 1 of the Strata Schemes Management Act 2015 requires that each general meeting include a motion to confirm the minutes of the previous meeting. These minutes have been mailed to all Owners.

2. Approval of Expenditure for Main Foyer Works

Motion 2.1: That the Owners Corporation SP3840 approves an expenditure of $200,000 (excluding GST) for the rectification and refurbishment of the main foyer. This includes:

  • Structural Repairs: Rectification of concrete spalling beneath the floor tiles to maintain structural integrity.
  • Drainage Improvements: Addressing water-related concerns to protect the foyer’s flooring and structure.
  • Aesthetic Enhancements: Upgrading the foyer’s appearance for a more welcoming space for residents and visitors.

The funds will be allocated from the Capital Works Fund, and the work will be carried out by a qualified contractor as recommended by the Strata Committee.

Explanatory Note:

The main foyer requires urgent repairs due to structural concerns, including concrete spalling. If not addressed, this could lead to safety hazards and further deterioration. Drainage issues have also been noted, which could cause long-term damage. The proposed work will prevent more costly repairs in the future while enhancing the foyer’s aesthetic appeal.

ADDITIONAL NOTES

Your Strata Manager

Brett Rayner – Lamb & Walters, Manly

Format of This Notice

This meeting agenda follows the requirements set out in the Strata Schemes Management Act 2015. Under Clause 4 of Schedule 1, only motions related to the business set out in this notice can be discussed. Explanatory notes (up to 300 words) accompany any requisitioned motions.

Attending the Meeting or Nominating a Proxy

If you cannot attend, you may cast your vote via proxy. Proxy forms must be submitted before the meeting begins.

Proxy Restrictions:

  • A proxy given to a building manager, on-site residential manager, or Strata Managing Agent is invalid if it results in a financial or material benefit to them.
  • Since 2008, legislation has restricted proxies and developer voting rights.
  • As of 2015, one person may only hold proxies for up to 5% of lots in schemes over 20 lots, or one proxy in schemes of 20 lots or fewer.

To ensure your proxy is valid, contact your Strata Manager before the meeting.

VOTING & RESOLUTIONS

  • Ordinary Resolution: Passed if a majority of votes cast are in favor.
  • Unanimous Resolution: Passed if no votes are cast against it.

Voting rights may be exercised in person or by proxy. Corporate owners must vote via their registered company nominee or proxy.

Voting Eligibility:
You may not vote unless all levies and outstanding payments owed to the Owners Corporation are settled before the meeting.

Mortgagee Priority Voting:
If a mortgagee or covenant chargee listed on the strata roll has notified you at least two days before the meeting, their vote may take priority over your vote on a motion.

QUORUM REQUIREMENTS

Under Clause 17, Schedule 1 of the Strata Schemes Management Act 2015, a quorum is required for voting:

  • A quorum exists if:
    • At least 25% of owners entitled to vote are present (in person or by proxy), OR
    • At least 25% of the total unit entitlement is represented, OR
    • At least two people entitled to vote are present if the total number of owners is low.
  • If a quorum is not present within 30 minutes, the chairperson may:
    1. Adjourn the meeting for seven days, OR
    2. Declare that those present (in person or proxy) form a quorum, allowing the meeting to proceed.

For adjourned meetings, a quorum is met if those present are entitled to vote.

If you have any questions, please contact Brett Rayner at Lamb & Walters, Manly.