Can you give me your view on having new prepaid meters installed at a scheme that did not have the same previously? Is it true that after the special resolution has been passed owners must be given 60 days’ notice of the installation?

Short answer – no it is not true

Long answer – let’s look at the Act

The STSM Act states the following –

PMR 29

(4)           A body corporate may on the authority of a
special resolution
install separate pre-payment meters on the common property to control the supply of water or electricity to a section or exclusive use area; provided that all members and occupiers of sections must be given at least
60 days notice
of the proposed resolution with details of all costs associated with the installation of the pre-payment system and its estimated effect on the cost of the services over the next three years

So the Body Corporate needs to pass a special resolution – but in this case, they basically have to give 60 days’ notice of the meeting – if they are passing the resolution at a meeting. 

Looking at giving short notice of this meeting we are referred to PMR 15

PMR 15(7) A general meeting may be called—

  • on 7 days’ notice if the trustees have resolved that short notice is necessary due to the urgency of the matter and set out their reasons for this resolution; provided that the trustees must not take such a resolution in regard to a meeting referred to in rule 29(2) or (4);
  • on less than 14 days’ notice, if this is agreed to in writing by all persons entitled to attend.

PMR 29(4) deals with the prepaid meters as we have seen before – so it is not possible to give shorter notice of this meeting – must be 60 days