General Meeting Information

As described in the development Title Deeds, general meetings can be called by any proprietors, subject to certain conditions.

the Proprietors of any twenty five Dwellinghouses shall have the power to call a meeting of the Proprietors of the other Dwellinghouses to be held at such reasonably convenient times (excepting Saturdays, Sundays and Public Holidays) and place as the conveners of said meeting may determine, and of which time and place at least fourteen days notice In writing shall be given by or on behalf of the said conveners to the Proprietors of the other Dwellinghouses and at any meeting so convened any of the Proprietors may be represented , by a mandatory provided that the written notice convening said meeting shall specify the matters to be discussed at the meeting.

For the Sinclair development, 25 out of the 306 proprietors must agree to call a meeting, and 35 proprietors must attend to reach quorum.

At General Meetings, proprietors may discuss and vote on a variety of matters. To paraphrase the deeds:

  1. To act to maintain or repair the common parts of the buildings and development.
  2. To enact regulations for the benefit of all proprietors.
  3. To grant the Factor the same powers proprietors have, for the remainder of the year.
  4. To allow the Factor to collect money on the developments behalf.
  5. To instruct the Factor to employ whomever necessary to maintain the development
  6. To consider the amount of renumeration for the Factor.
  7. To remove the Factor and appoint another in his place on an annual basis.

But in general, any powers that may be reasonably exercised by the proprietors at a general meeting can be exercised by the Factor for the rest of the year (excepting the ability to re-appoint themselves). In practice, as the Factor executes the wishes of the proprietors, they do not generally exercise their right to enact any new regulations, or perform maintenance not explicitly authorised by a general meeting.

As a development, prior to 2013 execution of the deeds did not explicitly appoint the Factor at the time – they continued to act because no other Factor was appointed in their place. Since 2013, a proper AGM has been called every year to dismiss and appoint a new Factor, and ensure that they have all of the powers necessary to effectively maintain the development.

The development AGMs are generally held in the spring. Details about the AGM will be sent by the Factor, on behalf of the current committee, to all proprietors in advance and everyone is encouraged to attend (or sign the voting proxy form) to ensure that the required quorum is reached for motions relating to the appointment of the Factor and any other development related business items to be considered at the AGM.

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