The body corporate holds meetings at least once a year. These meetings are an opportunity for unit owners to talk about any issues and vote on decisions.

Meetings are either annual general meetings or extraordinary general meetings.

Annual general meetings (AGM)

The body corporate must hold an AGM once every calendar year. It must be no more than 15 months after the previous AGM. The chair calls the AGM as outlined in the Unit Titles Regulations 2011.

Unit Titles Regulations 2011(external link) — New Zealand Legislation

The first AGM of a new unit title complex must be held as soon as possible. It must be within 6 months of whichever of the following happens first;

• Deposit of the unit plan.
• Date of settlement of the first unit sale.

Extraordinary general meetings (EGM)

A body corporate can also hold EGMs. An EGM can be held at any time to consider anything relevant to the property. For example, if the body corporate chairperson or committee needs agreement to do repairs.

An EGM can be called by the chair or the committee at any time. An EGM must be held if at least 25% of unit owners request one.

Reaching a minimum (quorum)

For a meeting to proceed there must be a certain number of body corporate members present. This is called a quorum and must consist of at least 25% of eligible voters. Attendees will need to be eligible to vote, for example, have no outstanding levy amounts owing to the body corporate in order to count towards the quorum. Unless the complex only has one owner, a quorum must always be at least 2 members of the body corporate.

If a unit owner is not attending the meeting, they can nominate and be represented by another person, or vote by post. An eligible voter may also vote at a body corporate meeting by casting a vote electronically (as explained in more detail below).

Remote attendance

Changes to the Unit Titles Act 2010, which came into force on 9 December 2022, allow unit owners and committee members to attend a general meeting or body corporate committee meeting online, by audio link, audio-visual link or other remote access facility.

Unit owners continue to be able to attend a general meeting in person or by proxy.

Electronic voting

Unit owners are able to vote electronically before or during a body corporate meeting.  This could include online forms of voting. It could also include a unit owner sending the postal voting form (form 12) by emailing it to the body corporate.

The information about remote attendance and electronic voting that a body corporate is to provide unit owners must contain:

• how to attend remotely;
• how to cast a pre-meeting vote electronically;
• the date/time of return for electronic pre-meeting votes;
• how to cast a vote electronically during the meeting; and
• a statement on the validity of an electronic pre-meeting vote if the general meeting is adjourned, or if the motion is materially altered at the meeting.

A body corporate must provide unit owners with access to electronic voting from at least the minimum required time for a notice for that type of general meeting (e.g. Annual General Meeting).

Body corporates must have reasonable measures for verifying the identity of unit owners using electronic voting. It is up to each body corporate to decide what is reasonable for their situation.

Body corporates must take reasonable steps to ensure the electronic facilities are sufficient that remote attendees can participate and vote at the meeting both via audio and visual inputs.

Body corporates must keep voting records and proxy appointment forms for 28 days following a general meeting.

The regulations set out rules for when pre-meeting electronic votes are valid.
They are:

• not counted where a motion is materially changed at the general meeting.
• valid if the general meeting is adjourned, unless the unit owner attends the reconvened meeting.

Proxy voting

A unit owner can appoint a proxy (a substitute) to attend a meeting on their behalf and vote. A unit owner can provide direction to the proxy holder in Form 11. A unit owner using a proxy should be aware that:

• The chairperson running the meeting is not required under the Unit Titles Act or regulations to make sure the proxy holder follows the directions on the form.
• If a unit owner is concerned that a proxy holder may not follow their directions, the unit owner can choose to attend the meeting remotely or to make a postal or electronic vote before the meeting instead.

Form 11 - Proxy appointment form [DOCX, 31 KB]

Transitional rules for electronic voting provisions

The regulations include transitional provisions for electronic voting when a notice for a general meeting of a body corporate has been issued before 9 May 2024, and the meeting date is on or after 9 May 2024. 

If this is the case, the following applies:

Information to be given to unit owners

The body corporate, chairperson, or body corporate committee (as relevant) must, if reasonably practicable, send each unit owner:

• details on how to attend the meeting remotely; and
• the electronic voting information.

If they do not send this information before the meeting, it won't affect the meeting's validity or the business discussed. See below under ‘Casting electronic votes’ to see how votes are cast in this situation.

Electronic voting

If reasonably practicable, electric voting must be made available to eligible voters from the time the electronic voting information is given to unit owners.

If it is not reasonably practicable, electronic voting must be made available as soon as reasonably practicable after the electronic voting information is sent.

Casting electronic votes

If the body corporate, chairperson, or body corporate committee send the electronic voting information before the meeting:

• voters must follow the instructions given in that information.

If they did not send the information before the meeting:

• voters must cast their electronic votes (if any) by emailing the postal voting form to the body corporate's ordinarily used email address.
• an electronic vote must be received before the relevant vote is held at the meeting.

Unit owners can also continue to choose to cast their votes by postal or proxy means or by attending a meeting in person or remotely.

Information responsibilities of body corporate committees

A body corporate committee must produce an agenda for its meetings, keep written records of its meetings, record its decisions and report back to the body corporate as required by the regulations. Matters will be decided by a voting majority.

A body corporate committee must provide the minutes of its meetings to all unit owners, within 1 month of each meeting. Minutes can be provided electronically, but an owner can request a physical copy.

Information in the minutes may be removed if:

• disclosing the information would be a breach of the Privacy Act 2020 or any other law
• the information is subject to legal professional privilege
• confidentiality of the information must be protected on grounds of commercial sensitivity.

Find out more about changes to the Unit Titles Act