Part 33 published on 01/02/11
Special resolution properly passed at adjourned meeting
The plaintiff strata lot owner challenged the procedures followed by the strata council to pass a special resolution authorizing a special assessment. A special general meeting had been properly called, with notice, for this purpose. A quorum of eligible voters (in person and by proxy) was present at the meeting. However, the special resolution failed to obtain the requisite three-quarters majority vote. A resolution was then passed to adjourn the meeting for one week (ie. to reconvene one week later at the same time and place). The special resolution was passed at the “continuation of the first meeting”. No fresh notice of meeting (14 days in advance of the meeting, per Section 45 of the Strata Property Act) was provided in relation to the continuation meeting.
The Court held that the continuation meeting was proper and the special resolution was valid and effective. The Court said that a continuation of an original meeting does not require any further notice provided no new business is transacted at the adjourned/continuation meeting.
[Editorial Note: If a meeting is adjourned to an unspecified date and time, full notice of the new date and time (once they are chosen) is of course required. No fresh notice of a continuation meeting is required provided:
a) The original meeting is properly called and properly convened (with required quorum); and
b) A motion is passed, at the original meeting, to adjourn the meeting to a fixed date and time.]