Unit Titles Act Update: Virtual Meetings
Community Living and Body Corporate | Read Time: 2 Minutes | 5 May 2020
Community Living Updates under Covid-19
Those of you who have conducted meetings over the past six weeks will be aware that, under Covid-19 Alert Levels 3 and 4, all meetings have had to be conducted in a virtual manner. While this represented a significant change implemented in a very short space of time, for the most part, the change appears to be working well. While it may not remain the only way of attending meetings, we expect that most of our client entities will want to retain this as an option for full or partial attendance at meetings, both under Level 2 and beyond. Given that the Unit Titles Act does not specifically provide for people to be virtually ‘present’ at meetings, there has been a need to use somewhat clunky ‘workarounds’ with proxy votes. Crockers has, along with the Body Corporate Chairs Group, industry groups and others, been working with the Ministry of Housing & Urban Development to gain clarity on this point. We are pleased to advise that an omnibus bill is being introduced to the House today which amends Section 88 of the Unit Titles Act to provide for online meetings while the Epidemic Preparedness (COVID-19) Notice 2020 is in force.
These changes will be repealed once that notice expires or is revoked. We will be making ongoing representations to the Ministry to the effect that these changes should be retained, and will keep you posted on progress. For the current purposes, however, we are very pleased with the pragmatic response to this current situation. Please click here if you are interested in reading the relevant draft legislation.
Level 3 to Level 2: clarity on settings, including meeting sizes and procedures: we are aware of the considerable interest in how settings for your complex should change when the Covid-19 Alert Level falls to Level 2. We understand that advice on the settings will be provided on Thursday this week. We will provide clients with updated advice as soon as possible following those announcements, at the latest by Monday 11th May, as to the changes this will make possible for your complex. As with the move from Level 4 to 3, we will arrange a webinar for clients to address the key changes that community living entities and their managing committees will want to consider.