General meetings of the are opportunities for those who are not scheme executives to become involved in management issues. If they are unjustly denied these opportunities, they are effectively excluded from the scheme’s democratic processes.
In terms of section 39 (4) (a) of the CSOS Act, an application may be for:
“an order requiring the association to call a general meeting of its members to deal with specified business”
Examples of issues
In community schemes many important policy decisions can only be taken at general meetings. Examples are:
- decisions to give the scheme executives specific instructions;
- to change the scheme’s governance documents; or
- to change arrangements whereby owners obtain exclusive use rights to parts of common areas.
Where the governance documents require a members meeting or an owner’s issue cannot be dealt with in any other forum and the scheme executives refuse or fail to convene a general meeting, those who are prejudiced can make application to the CSOS for relief.
Example of order
An example of the type of order the CSOS could give is:
That the Key West Share Block convene a general meeting of its members to deal with the business specified in Annex “A” within 10 days of the date of this order.
Is this not the right order – is either the type or category is wrong for your matter?
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