Coronavirus (COVID-19) and your rights

If you need to hold a meeting, you can:

• use a teleconference, videoconference or other means of electronic communication.
  The Associations Incorporation Reform Act 2012 (the Act) permits members to take part in general meetings by using technology that allows members to clearly and simultaneously communicate with each other, regardless of the incorporated association's rules about this. The Act also permits meetings of the committee of an incorporated association to be conducted by use of technology that allows members to clearly and simultaneously communicate with each other.
• use proxy voting. You must use a standard form to proxy vote if the rules of the incorporated association require you to do so. Members must be given a copy of the form with the notice of the AGM/Special General Meeting. A person acting as a proxy must act honestly and in good faith and exercise due care and diligence
• apply for an extension of time to hold the AGM. The Registrar is currently granting three-month extensions and waiving the usual fee. To seek an extension, complete our Extension of time to hold an AGM or lodge financial statements form (Word, 97 KB) and send it to cav.registration@justice.vic.gov.au.

If your co-operative is scheduled to hold a meeting (subject to its rules), you should choose an alternative approach to ensure you are complying with relevant restrictions.

You must adhere to the requirements of the rules of the co-operative and the Co-operatives National Law (Victoria) (CNL), if you:

• use alternative means to hold meetings including teleconference or video conference. The CNL permits directors to hold board meetings or transact co-operative business outside physical meetings by the use of technology that allows the board to clearly and simultaneously communicate and share documents with each other. Meetings of the board can also be held by circulation of papers without the board members being physically present together. Circulation of papers can occur by use of technology.
• use proxy voting or postal ballot. The rules of some co-operatives permit the use of proxy voting and/or postal ballot. It is strongly advised that prior to acting under any of these provisions, a co-operative seeks independent legal advice to ensure the board is acting in accordance with its regulatory requirements.
• apply for an extension of time to hold your AGM. The Registrar will approve an extension of up to three months and waive any usual fee. To apply, complete the Application for extension or shortening of time form (Word, 128 KB) and submit to cav.registration@justice.vic.gov.au.

You must hold annual general meetings (AGMs) or other meetings by teleconference or other remote technology.

Some matters do not need an AGM and can be resolved by ballot. You can conduct a ballot by:

• post
• telephone
• internet
• fax
• other electronic communication.

Owners corporations should also consider what powers and functions they can delegate to the committee and/or manager. This can ensure effective administration between meetings.

Owners corporations should consider limiting the use of their power to decide that certain matters can only be dealt with at a general meeting. This will help provide flexibility for decision-making while physical distancing is needed.

For general information, view Meetings and committees.

Shared facilities in apartments and multi-dwelling properties

Information for residents and managers of apartments and multi-dwelling properties with shared facilities is available at Apartments and multi-dwelling properties – coronavirus (COVID-19) on the Department of Health and Human Services website.

If you cannot postpone a meeting, you can meet remotely via a:

• teleconference
• videoconference.

Managers should contact residents as soon as possible to agree on a preferred approach.