A client recently contacted me regarding the upcoming AGM that they are having where the Managing Agent added agenda items. The question – Are Management Agents allowed to add agenda items to a Body Corporate General Meeting?
The STSM Act stipulates the prescribed agenda items for a Body Corporate General Meeting in PMR 17(6).
The STSM Act also stipulates that the Trustees can call a general meeting or they can be requested to do so by at least 25% of the members in participation quota (PMR 17(4))
With regards to a Managing Agent the STSM Act states the following:
PMR 15 (5) Registered bondholders, holders of future development rights and the managing agent may attend general meetings and may speak on any matter on the agenda, but they are not, in those capacities, entitled to propose any motion or to vote; provided that such persons are not entitled to attend any part of a general meeting if the members resolve that their presence would unreasonably interfere with the interests of the body corporate or any person’s privacy.
So it is clear from this that the Managing Agent cannot add items to the agenda of a Body Corporate General Meeting – only Trustees and owners can