ACT State Recap – Autumn 2020

SCA (ACT) has been very active during the initial stage of the Covid-19 outbreak to ensure the ACT government is across the essential services that the Strata industry provides, as well as making sure that we keep strata owners and strata occupiers as safe as possible.

I wrote to Minister Mick Gentleman, ACT Minister for Planning and Land Management, Andrew Barr, ACT Chief Minister and Rachel Stephen-Smith, ACT Health Minister, on behalf of the ACT Strata Industry to request urgent action to help reduce exposure to owners, residents and professionals within the industry.

I requested that amendments to the Unit Titles Legislation Amendment Bill 2019 passed in February this year come into effect early. The amendments include a number of provisions that would enable members of an Owners Corporations and/or Executive Committees to attending meetings via alternative means, such as by phone or video.

Meetings of Executive Committee 11 Schedule 2, New Section 2.8

(3) The executive committee may authorise a meeting to be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence.

Examples: a phone link, a satellite link, an internet or intranet link

(4) A member who takes part in a meeting conducted under 21 subsection (3) is taken, for all purposes, to be present at the meeting.

Conduct of General Meetings 1 Schedule 3, New Section 3.1 (2) and (3) 2

(2) The owners corporation may authorise a meeting to be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence.

Examples: a phone link, a satellite link, an internet or intranet link

(3) A person who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.

Owners’ Corporation Alternative Method and Process for Voting—Act, sch 3, s 3.31A (1)

(1) An owners’ corporation may adopt any of the following ways to vote on a matter to be decided by the owners’ corporation at a general meeting:

(a) voting in the meeting by teleconference, videoconference, email or other electronic means;

(b) voting on a motion by email or other electronic means before the meeting at which the matter (other than an election) is to be decided (pre-meeting electronic voting).

Given that Owners Corporations have a statutory obligation to hold meetings, it is critical to avoid a situation whereby the Executive Committee must choose between holding a meeting in a high-risk environment or being in breach of their duty under the act.

The SCA (ACT) Strata Community Association continue to be in contact with the ACT government and other key players in this situation – such as the Australian College of Strata Lawyers. Please know that we are busy working to keep people safe and healthy in both their homes and their workplaces at this time.