NSW Is Circular Resolution of Directors Applicable to Body Corporate?

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Romi

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24 July 2016
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Circular Resolution of Directors under section 248A of the Corporations Act 2001 (Cth).

Is this applicable to the Executive Committee members of a NSW Strata Body Corporate?

Thank you
 

Rod

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Not sure if this the right section for a body corporate, however, circular motions for body corporate entities are allowed. I don't have the legal reference to hand.
 

Romi

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24 July 2016
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Thank you, Rod. Our previous Strata Managers employed "voting by post" for motions and we were not required to be present in a meeting. I forgot to ask as to its legality before we changed Strata Managers.

I came across Circular Resolution of Directors while searching for an answer on the web and wondered if the principle can be applied to Body Corporates.
 

Rod

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Strata Schemes Management Act NSW Schedule 2, s 10.
 

Sashburger

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28 November 2016
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You mean, s 10 of Sch 3. That allows voting in writing, but only after an EC meeting has been properly called and sign-posted.
 

Rod

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Nope, quoted section still applies. Are you looking at the same Act?

s10 of SCH 3 in the Act I read says:

10 Contributions
Any contributions levied under the former Act are taken to have been levied under this Act and this Act applies to the recovery and payment of any unpaid contributions.

This is not applicable to the OP.
 

Sashburger

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I think that you are looking at the wrong act. The Strata Schemes Management Act 2015 (NSW), is not yet in force (part of it will commence at the end of the month, and other parts will commence next year) The current act is the Strata Schemes Management Act 1996 (NSW), and in that, all matters relating to the executive committtee are found in Schedule 3.
 

Rod

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Interesting. Strata Schemes Management Act 2015 No 50 was assented to on 5.11.2015

Didn't see anything saying date of effect was different except for some minor provisions.