Legal Talk – AGM season for Community schemes

In this episode of 'Lunch with Pippa Hudson,' legal experts Zalinda Van Amadeva and Sarah Sydenham from TVDM Consultants dive into the critical topic of Annual General Meetings (AGMs) for community schemes, particularly during AGM season. With most bodies corporates required to hold their AGMs within four months of the financial year-end (typically February), the hosts highlight the urgency and common pitfalls—such as low attendance, lack of quorum, and failure to prepare proper documentation. They emphasize that even two attendees can constitute a quorum, making participation vital for sound decision-making on budgets, levies, trustee elections, and major projects like waterproofing. The discussion covers how to call an AGM if trustees fail to do so, the importance of proper notice, proxy voting, and the risks of invalid decisions due to missing documents. The experts stress the need for accurate, intention-driven minutes and timely certification of levy increases, warning that poor record-keeping can lead to disputes, CSOS interventions, or legal challenges. Key takeaways include the necessity of proactive participation, the importance of a well-prepared agenda with all required documents, the underused power of directives to guide trustees, and the critical role of proper minutes and post-meeting formalities. The hosts urge owners to overcome apathy, consider accessibility (timing, venue, remote options), and ensure compliance to avoid financial and legal consequences. The episode concludes with a reminder that while technology like AI can assist with transcription, it cannot replace human judgment in capturing the true intent behind decisions. TVDM Consultants are recommended for those needing expert guidance on AGM compliance.