We have a complex where the Trustees need to pass a special resolution but they don’t want to give 30 days’ notice of the meeting as prescribed by the STSM Act. They want to give shorter notice as they feel the matter is urgent. Can one give short notice of a general meeting?
The STSM Act stipulates that at least 14 days’ notice must be of any general meeting.
For a meeting where a special or a unanimous resolution needs to be passed the Act calls for 30 days’ notice.
PMR 15(7) states that shorter notice may be given of general meetings as follows:
- 7 days – If the Trustees passed a resolution that the meeting should be held urgently (they must also set out their reasons for this); but this cannot be done in the following instances
- PMR 29(2) a meeting to approve an alteration or improvement to the common property that is necessary (previous non-luxurious improvement)
- PMR 29(4) where the BC wants to install prepaid meters
- Less than 14 days (but not 7 days) – if it is agreed to in writing by all persons entitled to attend
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.