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If a notice of an AGM was to be sent to members 14 days

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If a notice of...

If a notice of an AGM was to be sent to members 14 days prior to the AGM meeting as per the constitution and it was only sent 9 days prior to the AGM is the AGM still valid and legal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

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Submitted: 7 months ago.Category: Australia Law
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Answered in 4 minutes by:
1/18/2018
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,930
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

It is against the Consitution

But the law says at least 7 days notice has to be given.

Here is the link from the NSW department of Fair Trading

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme/Meetings_of_the_owners_corporation.page

The key paragraph says

Receiving notice of meetings

The Secretary must give each person on the strata roll at least 7 days’ advance notice of a meeting, in writing. The notice can be by post, email or fax.

But before the meeting if you wish to object you can as they have breached the constitution.

You have to read the constitution in more detail because if it says the act overrides it then 7 days is the minimum and they are within time.

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Solicitor: Leon, Solicitor replied 7 months ago

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Morning

I am following up my last post.

Is there anything else I can assist you with?

I look forward to hearing from you

Regards

Leon

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