A strata corporation may hold a meeting of its members (a general meeting) at any time [Strata Titles Act 1988 (SA) s 33(1)].
A meeting must be held at least once every calendar year (the annual general meeting), and within 15 months of the last annual general meeting [s 33(4)].
Calling of general meetings
A general meeting can be called by the secretary, or any two members of the management committee, or one fifth of the unit holders, or by order of the Magistrates Court [s 33(2)]. An application to the Magistrates Court (minor civil action jurisdiction) to call a general meeting can be made by the owner or occupier of a unit, a person who has contracted to purchase a unit, or any other person bound by the articles of the strata corporation (except for persons invited to or visiting the site) [s 41AA].
Note that, while a strata manager may be given the task of issuing the notice for a general meeting, a strata manager may not call a general meeting.
Notice of general meetings
At least 14 days written notice must be given to all unit holders before the meeting [s 33(3)]. Anyone proposing to convene a meeting of the members of a strata corporation must take reasonable steps to ensure that the proposed day, time and place are reasonably convenient to a majority of members of the corporation [s 33(3a)].
A unit holder may request that the strata corporation provide notices of meeting to another person in addition to (not instead of) the unit holder, for example, someone they have appointed as a proxy. The unit holder must still be sent notices of meetings [s 33(3aa)].
Agenda
The notice convening a general meeting must set out the agenda for the meeting [s 33(4a)]. The agenda must include [s 33(4b)]:
In the case of an annual general meeting, the agenda must also include [s 33(4b)(c); Strata Titles Regulations 2018 (SA) reg 15]:
Expenditure statements [Strata Titles Act 1988 (SA) s 33A; Strata Titles Regulations 2018 (SA) reg 16]
An expenditure statement must be presented by a strata corporation to each annual general meeting of the corporation. The statement must include:
Recurrent expenditure is expenditure for a particular purpose that is normally made every year or more frequently [s 33A(5)].
Forward budget (sinking fund budget)
While strata corporations are not required to have sinking funds (unlike community corporations, which must do so), certain strata corporations are required to present forward budgets at their annual general meetings.
Exempt corporations
Strata corporations with six or less strata units, and strata corporations that have buildings and other improvements on the common property insured for less than $100 000, are not required to present a forward budget at their annual general meeting [Strata Titles Regulations 2018 (SA) reg 16(3)].
Corporations required to have forward budgets
For corporations with seven to twenty units, and with improvements on the common property insured for $100 000 or more, a forward budget must be presented at each annual general meeting, as part of the expenditure statement. The forward budget must include proposed expenditure (other than recurrent expenditure) for a three year period. New information must be presented about proposed non-recurrent expenditure every three years [reg 16].
For corporations with more than twenty units, and with improvements on the common property insured for $100 000 or more, the forward budget presented at each annual general meeting must include proposed expenditure (other than recurrent expenditure) for a five year period. New information must be presented about proposed non-recurrent expenditure every five years.
Quorum
It is necessary to have not less than half of all unit holders represented at any meeting, in person or by proxy or, if applicable, via remote communication. If a quorum is not present, the meeting must be adjourned for at least 7 days, but no more than 14 days, and written notice given to unit holders of another meeting. If less than half of the unit holders are represented at the second meeting, those present are entitled to work as a 'quorum', which means they can legally make decisions, even when special and unanimous resolutions are required [Strata Titles Act 1988 (SA) ss 33(5), 33(6), 33(7)].
Attendance by remote communication
The articles of a corporation may make provision for attendance and voting at meetings by unit holders by means of telephone, video-link, Internet connection or any similar means of remote communication. If the unit holder complies with the requirements in the articles, they may attend and vote at a meeting by remote communication [s 33(11); Strata Titles Regulations 2018 (SA) reg 15(4)(a)].
A unit holder may request the secretary of the corporation, in writing, to attend and vote at the meeting by means of remote communication. If the secretary of the corporation makes the necessary arrangements to receive and record the unit holder's attendance and voting at the meeting by remote communication, and the unit holder complies with any requirements of the secretary in relation to the request, then the unit holder may attend and vote at the meeting by remote communication [Strata Titles Act 1988 (SA) s 33(11); Strata Titles Regulations 2018 (SA) reg 15(4)(b)].
A corporation is under no obligation to provide facilities for remote communication to unit holders [Strata Titles Act 1988 (SA) s 33(11)].
Chairing of meetings
A strata corporation must elect a presiding officer, who must be a unit holder (see Officers of the strata corporation). The role of the presiding officer is to chair meetings of the corporation. However, if the presiding officer is not present, another person at the meeting may be appointed to chair [s 33(8)].
If it is proposed that the corporation's strata manager, or an employee of the strata manager, will chair a meeting of the corporation, a majority of those present and entitled to vote at the meeting must agree to this [s 33(9)].
In addition, if it is proposed that the manager chair the meeting, the manager must inform the meeting, before any vote is taken [Strata Titles Regulations 2018 (SA) reg 15(3)]:
Disclosure of interest by chair
Any person chairing a meeting who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken, even if they themselves cannot or are not voting on the matter. Failure to do so is an offence with a maximum penalty of $15 000 [Strata Titles Act 1988 (SA) s 34A(3)].