Frequency and Notice Needed for an AGM
Understanding the timing and notice requirements for Annual General Meetings is essential for every sectional title owner. These rules ensure that meetings are conducted fairly and that all members have adequate time to prepare and participate.
PPSP Team
Professional Property Solutions Provider
When Must an AGM Be Held?
A body corporate is required to hold its AGM within four months after the end of its financial year.
In the period immediately following the financial year-end, appointed auditors review the body corporate's financial records. They then prepare and submit audited financial statements to the trustees. These statements are a key component of the AGM, giving owners a clear view of the scheme's financial position and performance over the past year.
How Much Notice Must Be Given?
The Sectional Titles Act requires that notice of an AGM be given to:
- All owners in the scheme
- All registered bondholders
The 14-Day Rule
This notice must be delivered at least 14 days before the meeting. Importantly, this 14-day period:
How Is Notice Delivered?
AGM notices can be sent electronically via email, but they must also be sent by post. Proper planning is therefore crucial. Trustees need to schedule the AGM well in advance to give the managing agent enough time to prepare and distribute all required documentation.
Tip: A well-organised managing agent will schedule AGM dates months in advance and ensure all notice and documentation obligations are met on time, removing this burden from trustees.
What Happens If Proper Notice Isn't Given?
Failing to provide the required notice can have serious consequences. An AGM may be declared invalid if members are not informed within the prescribed timeframe.
The Exception
There is, however, one exception: if all members present at the AGM (either in person or by proxy) agree to proceed despite shorter notice, the meeting can still be considered valid.
In such cases, the decision must be formally recorded, and the meeting minutes must clearly reflect that members agreed to accept the shorter notice period.
Risk
The AGM and all resolutions passed may be declared invalid
Exception
All present members may unanimously waive the notice requirement
A Practical AGM Planning Timeline
Strong AGM compliance starts long before the notice is sent. A simple planning timeline helps trustees avoid rushed administration and procedural errors.
8 to 10 weeks before
Confirm financial year-end deliverables with accountants and draft likely agenda items with trustees.
4 to 6 weeks before
Finalize the venue or online platform, compile the notice pack, and validate owner and bondholder contact details.
14 days before or earlier
Issue notice and supporting documents, then keep proof of distribution for audit and compliance purposes.
On the meeting day
Confirm quorum formally, record attendance and proxies accurately, and capture decisions clearly in draft minutes.
Frequent Notice Errors That Create Risk
Most notice disputes are avoidable. They usually happen because of process gaps rather than legal complexity.
- Using outdated owner contact details or omitting bondholders from distribution.
- Sending a meeting date without complete agenda documents and supporting annexures.
- Not retaining evidence of notice delivery and timestamped communication records.
- Assuming a short-notice meeting is valid without unanimous agreement recorded in minutes.
Let PPSP Manage Your AGM Process
From scheduling to notice distribution and minute-taking, PPSP handles every detail to ensure your AGM is legally compliant and stress-free.
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AGM Series Articles
Understanding Annual General Meetings in Sectional Title Schemes
A comprehensive overview of AGMs, quorum, voting, and post-AGM responsibilities.
Part 2 of 6Why is an AGM Necessary and Why Should You Attend?
Understand the role of the body corporate and the real impact of your participation.
Frequency and Notice Needed for an AGM
More AGM Topics
Stay tuned for upcoming articles in this series.