Interesting Q & A's
Extract Q&As from the body corporate decision making and meetings webinar held by the Commissioner for Body Corporate
We have chosen some of the more common Q & A's that we are asked. For the full list of Q & A's please cick on this link -
Please note that information provided is based on the Standard Module regulation. If your scheme is registered under another regulation module, you should refer to that particular module.
- Must a committee member abstain from voting at a committee meeting if they are voting on a motion to approve an application (e.g. building improvement /pet application) in relation to their lot?
The Standard Module states that an owner must disclose if they have a direct or indirect interest in a motion and must abstain from voting. For example if the owner directly benefits from the motion, they would be expected to abstain.
- Can a building manager walk into an AGM with 23 voting papers and submit them to be included in a scheme of 86 lots. Are they valid votes?
A third party cannot hand in voting papers. Also, if the votes are by proxy, there are restrictions in the regulation module on the amount of proxies a person can hold.
- If the chairperson and treasurer are the same person, does that give them one or two votes?
Although a person can hold more than one executive position, they still only have one vote at a committee meeting.
- If a lot owner has levy arrears and consequently cannot vote at an AGM, can they be on the committee or what involvement/rights can they have with the committee/body corporate until the debt is cleared?
An owner who is un-financial is still able to submit motions, however they cannot vote on a motion at a general meeting of the body corporate except for a motion to be decided by resolution without dissent. They also cannot nominate for the committee or be elected on the committee at a general meeting, if they owe a debt at the time of nomination or election. If they are already on the committee and then become un-financial they are still able to vote at committee meetings.
- Is general business mandatory at an AGM? If it is, what procedures should be followed? Can motions be voted on in general business and if so, are they legally binding?
There is no provision in the legislation for general business at an AGM or other general meeting of the body corporate. For this reason there is no specific process. Those present at the meeting could pass a procedural motion to include general business at the meeting. However any motions raised in general business cannot be voted on as they would not be on the agenda for the meeting.
- If one committee member is openly opposed to all other members and is verbally abusive, are there steps available to remove them as member?
The committee cannot remove a committee member. A committee member can only can be removed by ordinary resolution of the body corporate at a general meeting. A committee member could also be removed by first passing a motion by ordinary resolution to issue them with a breach notice and then removing them by ordinary resolution at another general meeting.
- Can a body corporate manager reject the request of the body corporate committee for a copy of the body corporate roll stating privacy as the reason?
No, the Privacy Act states that where another act permits the release of personal information, the records can be released. Section 205 of the body corporate Act states the information can be given and adjudicator’s decisions will reflect this.
