A general meeting of owners must be held within three months of the commencement of a primary community corporation's end of financial year [Community Titles Act 1996 (SA) s 82(1)]. This meeting is referred to as the 'annual general meeting'. The annual general meeting of a secondary or tertiary community corporation must be held within six months after the commencement of each financial year [s 82(2)].
However, the by-laws of a corporation with only two lots may say that an annual general meeting does not have to be held [s 35(1)(a)].
The rules about calling general meetings apply to both the annual general meeting and any other general meeting of owners.
A general meeting may be called by [s 81(1)]:
At least fourteen days written notice of a general meeting must be given [s 81(2)]. The notice must set out the day, time and place of the meeting, and the meeting agenda [ss 81(2), 81(4)].
The day, time and place of the meeting must be reasonably convenient to a majority of the members of the corporation [s 81(3)].
The agenda of every general meeting must include [s 81(5)]:
In the case of the first statutory general meeting, the agenda must also include [s 80(2); Community Titles Regulations 2011 (SA) reg 15]:
To work out the quorum required for a general meeting, divide the total number of members entitled to attend and vote by two, ignoring any fraction resulting from the division, and add one [Community Titles Act 1996 (SA) s 83(4)].
Members may be present in person or by proxy or, if applicable, via remote communication.
If a quorum is not present, the meeting must be adjourned for at least 7 days, but no more than 14 days, and written notice must be given to members of another meeting. If a quorum is not present at the second meeting, those present are entitled to work as a 'quorum', which means they can legally make decisions. [ss 83(5), 83(6)]
Attendance by remote communication
The by-laws of a corporation may make provision for attendance and voting at meetings by members by means of telephone, video-link, Internet connection or any similar means of remote communication. If the member complies with the requirements in the by-laws, they may attend and vote at a meeting by remote communication. [s 83(6a); Community Titles Regulations 2011 (SA) reg 16A(3)(a)]
Alternatively, a member may request the secretary of the corporation, in writing, to attend and vote at the meeting by means of remote communication. If the secretary of the corporation makes the necessary arrangements to receive and record the member's attendance and voting at the meeting by remote communication, and the member complies with any requirements of the secretary in relation to the request, then the member may attend and vote at the meeting by remote communication [Community Titles Act 1996 (SA) s 83(6a); Community Titles Regulations 2011 (SA) reg 16A(3)(b)]
A corporation is under no obligation to provide facilities for remote communication to members [Community Titles Act 1996 (SA) s 83(6a)].
Chairing of general meetings
Presiding Officer as chair
The presiding officer chairs general meetings of the corporation but a body corporate manager may be appointed by the meeting to fulfil that role.
In the absence of the presiding officer a person (including a body corporate manager or an employee of the manager) present at the meeting may be appointed to chair the meeting [s 83(3)].
Body corporate manager as chair
If it is proposed that the corporation's manager, or an employee of the manager, will chair a meeting of the corporation, a majority of those present and entitled to vote at the meeting must agree to this [s 83(3a)].
In addition, the manager or employee must inform the meeting, before any vote is taken [Community Titles Regulations 2011 (SA) reg 16A(2)]:
Disclosure of interest by chair
Any person chairing a meeting who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken, even if they themselves cannot or are not voting on the matter. Failure to do so is an offence with a maximum penalty of $15 000. [Community Titles Act 1996 (SA) s 85(2a)]. However, an owner of a community lot is not obliged by section 85(2a) to disclose an interest that he or she has in common with all of the owners of the community lots [s 83(2b)].