FactSheet: Strata Committee Concerns

• Bread and butter Strata: Minutes – What goes in? Jun 2017 - Writing minutes is a staple diet item for Strata Managers. Whilst Strata Legislation throughout the country may provide a basic
• Strata Legislation Smackdown Jun 2017 - The vast difference between the system for strata committee spending limits in Queensland and Victoria is amazing. Which system is
• What Makes A Great Strata Committee? Podcast Feb 2017 - Amanda chats with Steven King, a long term strata council committee member, about why his committee seems to work so
• Why the ABMA Building Management Code is the Key to Maintaining Your Strata Property – PODCAST Oct 2016 - Primary goal of the ABMA Building Management Code is to achieve a nationally consistent minimum standard and delivery in Building
• Fraud Alert – QLD Strata Manager’s Alleged $750,000 Fraud Oct 2016 - Strata insurers are now starting to receive embezzlement claims, following a recent case where a director of a strata management
• How To Deal With Pets In Strata Buildings – PODCAST Aug 2016 - Companion animals in strata: Dr Emma Power discusses problems, solutions and practical ways of dealing with pets and pet lovers
• Pokemon GO and Your Property Jul 2016 - Are you aware of any Pokemon Go hot spots on your property? Has your Executive Committee or any occupiers noticed
• How To Improve And Model Behaviour In Strata Communities – PODCAST Jul 2016 - Michael Teys, Block Strata provides key tips on how to resolve strata living disputes plus how to assess if a
• Strata Finance And How To Use It Effectively – PODCAST Jun 2016 - Strata finance loans - one of the ways an owner’s corporation might meet the cost of repairs, maintenance and upgrades
• How To Establish A Sense Of Community In Strata Schemes – PODCAST Jun 2016 - This podcast on community strata scheme is part of Amanda Farmer's Your Strata Property podcast series, this time speaking with

The Keys To Effective Strata Budgets – Podcast

Amanda Farmer, Your Strata Property
Jul 2016: The two keys to creating ideal strata budgets for your strata building – A data oriented and specific strata budget & one that is easily explained with no ambiguity. Featuring Andrew Terrell.

 Strata Finance: What is it?

Janette Comish, StrataLoans
Apr 2016: The decision of which strata finance option your owners corporation uses will depend on the circumstances. You do have choices and should consider them all.

Bodies Corporate Potentially Liable for Bullying of Contractors

Laura Gercken, ClarkeKann Lawyers
Jan 2016: A recent Fair Work Commission decision demonstrates how far the Fair Work Act 2009 (Cth) bullying jurisdiction extends, which will have serious ramifications for Bodies Corporate, strata committee members and individual lot owners.

WHO KNEW? Some Tricks Of The Strata Banking Game

Wayne Stevens, (UOAQ President) Unit Owners Association of Queensland (UOAQ)
Dec 2015: Body corporate bank accounts: does your Body Corporate Manager park large sums of body corporate funds in cheque accounts earning virtually no interest?

The three most common strata problems and how they can be resolved

Stephen Raff, CEO of Ace Body Corporate Management
Nov 2015: In my experience, there are three common strata issues from owners that rise above all else when living in a strata community: Pets, Parking and Noise!

The Pros and Cons of Self Managed Body Corporates

Lisa Rutland, MyBodyCorpReport.com.au
Apr 2014: You can’t search records for very long without coming across a self-managed body corporate and for me it’s always a stressful moment. It usually means a more difficult job for me. Which is not to suggest that there are necessarily issues with the scheme. The problems I experience are more to do with amateurs working in a field dominated by professionals, with the most common issue being access to the records.

 Who does what in a Strata Community?

Abode Strata Team
Dec 2013: Roles in strata ownership, management, councils and strata committees. There is frequent confusion about the division of roles and responsibilities in a strata community. We often hear owners asking: owners … the Strata Company … the Strata Council … the Strata Manager… who does what?

Effective Governance for Bodies Corporate: The Mission, Vision and Values of a Strata Community

Teys Lawyers
Jul 2013: A clear sense of direction is taken as fundamental for the running of a company and indeed a not-for-profit organisation, but rarely is it a consideration for the strata community. We believe the strata committee should have a strategic plan, which is a process of setting objectives and deciding how to accomplish them.

Effective Governance for Executive Bodies of Strata Communities: The Job of the Committee

Teys Lawyers
Jun 2013: A clear statement of the role and responsibilities of any group can be the biggest step towards improving effectiveness and satisfaction. While there are some legal differences between the role of a strata committee, council or executive of a strata community (as they are variously called), there are analogies between the practical functions of a strata committee and the board of a company. In this analogy, the strata manager is the CEO of the company.

The SUPER to-do list for the most productive strata meetings

LookUpStrata
Jun 2013: A few weeks ago, in response to the blog article A Litany of Woes by Michael Teys which I posted on our Facebook page, a member of our site asked the following question:

“So…..what are the solutions to this kind of non-productive meeting? The Chairperson’s role is so important. Why do so many Body Corporates have weak chairpersons? Maybe the law should introduce compulsory training for Chairpersons.”

Effective Governance for Executive Bodies of Strata Communities: In the Chair

Teys Lawyers
May 2013: The chairman of a strata committee is a curious position. Normally a chairman is a figurehead and leader of an organisation and is closely identified with the organisation’s success or failure. It is normally quite a powerful job. However, in a strata committee the chairman’s only power is to chair the meetings. Beyond that, the power rests with the strata committee and the owners at large.

Effective Governance for Executive Bodies of Strata Communities: Purposeful meetings

Teys Lawyers
May 2013: Strata communities are renowned for meetings that seem to lack purpose, or drag on too long. This is one of the reasons why it is hard to get people involved. A well-run strata committee should pride itself on purposeful meetings that run for no more than two hours.

• Q&A Master Key System – Body Corporate Committees Voting Themselves Master Keys! Aug 2016 - Our chairperson proposed that ALL committee members be issued a master key, despite us a having a full time on

• NSW: Agents Throwing Out Records and Creative First Home Buyers [PODCAST] Jun 2017 - What strata records need to be kept and for how long? Should your strata manager discard old documents before checking
• NSW: The Role of The Chairperson and a Successful Council Parking Agreement [PODCAST] May 2017 - A strata discussion about the role of the chairman, the owners corporation's obligation to maintain the building and parking agreement
• NSW: BMC Building Management Committee Personality Clashes And Embarking On Collective Sale PODCAST Apr 2017 - Can you create a code of conduct to help control meetings that include a disruptive and bullying BMC Building Management
• NSW: Collective Sale and Renewal – PODCAST Apr 2017 - The three stages the Owners Corporation will need to follow when working towards a collective sale or strata renewal of
• NSW Strata Legislation, Opportunity and Options Mar 2017 - The new strata laws that came into force 30 November 2016 in NSW are making it easier for apartment owners
• NSW: Signing DAs and problems with NCAT penalties – PODCAST Mar 2017 - A behind the scenes insight into the strata sector: executing the DA for works to common property plus how to
• NSW: Do you have vacancies in your strata committee? Here’s what to do Mar 2017 - A strata manager client recently called to ask about what to do when a strata committee member, who was also
• NSW: What is the real cost of adding to your Owners Corporation? Mar 2017 - With the recent NSW changes to the rules for collective sale, many Owners Corporations - who may not want to
• Explaining the Tribunal process, including penalties under the new NSW law – PODCAST Feb 2017 - This podcast discusses how recent changes to the NSW Act have affected the way disputes are dealt with in the
• NSW: The New Rules for Appointing Lawyers Jan 2017 - There are new rules an owners corporation must follow before appointing a lawyer or taking legal action (legal services), dependent

Goodbye Strata Adjudications?

Michael Pobi, Pobi Lawyers
Jul 2016: It is important to remember that while the Tribunal hearing process may appear simple, there is a tendency for complex legal issues to suddenly arise.

New Strata Laws: Procedure for Removing a Motor Vehicle Parked on Common Property Explained

Michael Pobi, Pobi Lawyers
June 2016: As part of the NSW Strata Reforms, a new regulation 34 made under section 125 of the Act sets out the procedure an Owners Corporation can take to have a motor vehicle left on common property, which blocks an exit or entrance or otherwise obstructs the use of common property, moved.

Executive Committee (Strata Committee): Powers, Functions and Meetings

Allison Benson, Kerin Benson Lawyers
May 2016: When a strata plan is registered, the owners corporation comes into existence and is given the principal responsibility for the management of the scheme. Other people can assist in managing the strata scheme including a strata managing agent or a caretaker. However the day to day management of the scheme often falls onto the executive or strata committee.

Can a Strata Meeting Be Recorded?

Adrian Mueller, J. S. Mueller & Co Lawyers
Apr 2016: It is becoming increasingly common for strata meetings to be recorded. But is it legal to do so? The answer might surprise you.

Can A Lot Owner Revoke the Appointment of a Compulsory Strata Managing Agent?

Michael Pobi, Pobi Lawyers
Mar 2016: For many lot owners, the compulsory appointment strata manager to manage their strata scheme produces mixed emotions. Some are happy, some not so much….

Resolving Disputes at Strata Meetings – The Role of The Strata Managing Agent

Matthew Jenkins, Bannermans Lawyers
Feb 2016: Strata managing agents should approach strata dispute resolution with caution & in most cases take on a role akin to a mediator/facilitator and not a decision maker.

NSW Strata Schemes: Size Does Matter (Sometimes) – Part 2 Strata Schemes Management Act 2015

Allison Benson, Kerin Benson Lawyers
Feb 2016: This article discusses the legislative requirements for different sized schemes in relation to the new strata Act NSW.

NSW Strata Schemes: Size Does Matter (Sometimes) – 1996 Act

Allison Benson, Kerin Benson Lawyers
Feb 2016: The size of NSW strata schemes affects how they are treated under both the current & the new Act. Read a table of these difference to see how they compare.

My Strata Manager won’t help … what can I do?

Paula Byrnes, Metropolitan Strata Reports
Nov 2015: The Executive Committee’s role is to make decisions on behalf of the Owners Corporation … so what can be done about Executive Committees who act in the best interest of themselves, thereby disenfranchising the other owners?

I Don’t Like What Is Proposed To Be Built Next Door – What Can I Do?

David Bannerman and Craig Blackwell, Bannermans Lawyers
Oct 2015: How to object to a development proposal: Owners Corporations and residents have rights which may assist in stopping, modifying or having mitigating conditions imposed on a new development.

Is A Proxy Entitled To Vote on Behalf of the Estate of A Deceased Lot Owner?

Michael Pobi, Pobi Lawyers
Aug 2015: In the situation of a deceased estate, could a proxy attend a general meeting of an owners corporation and vote on motions on behalf of the estate of the deceased lot owner?

How are successful strata title scheme meetings run?

Leanne Habib, Premium Strata
Aug 2015: This article explains how typical strata title meetings, such as Annual General Meetings (AGM) or Extraordinary General Meetings (EGM) are run.

Decision Making in an Owners Corporation

Allison Benson, Kerin Benson Lawyers
Aug 2015: Strata & community title lawyers are constantly asked about the validity of owners corporation decision making. Why is this an issue?

Proxies and Participation at General Meetings

Allison Benson, Kerin Benson Lawyers
Jul 2015: To Attend or Not to Attend, that is the Question. Owners Corporation Proxies: can a lot owner could have someone else attend a meeting on their behalf and if so, what power does the proxy possess?

What to do if the Executive Committee is not Acting Appropriately

David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
Mar 2015: It is quite an issue if you think the strata executive committee is acting improperly, or doesn’t care enough. If this is happening with your owners corporation there are a number of things you can do.

A Game of Thrones OR A Game of Knowns? Self Managed Strata Schemes V Strata Managing Agents

Allison Benson, Kerin Benson Lawyers
Mar 2015: In self managed strata schemes, often the lot owners start with good intentions but can dissolve into a microcosm of the politicking in HBO’s Game of Thrones.

Executive Committee Members – How Broad is their Personal Liability?

Mark Pollinger and David Bannerman, Bannermans Lawyers
Jan 2015: Executive committee members are responsible, under the Strata Schemes Management Act 1996 (SSMA), for assisting its owners corporation with the management of its functions.

Solicitors Attending EGMs On Behalf Of Their Clients

Michael Pobi, Pobi Lawyers
Sep 2014: Does a solicitor require a valid proxy to appear at an extraordinary general meeting acting on behalf of their client lot owner(s)? Be sure your vote counts!

Is that Owner Unfinancial and what are their Entitlements?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Jun 2014: Owners corporations and their strata managing agents are frequently faced with difficult questions concerning non-payment of levies and other amounts due by lot owners.

• NSW: Are Explanatory Notes Required? Jun 2017 - Do explanatory notes need to be included in the agenda of a general meeting of an owners corporation? The answer
• NSW: Q&A Who Can Access the Strata Trust Account? Jun 2017 - In country NSW many of the strata managers are sole traders. If our Strata Manager dies, how can we gain
• NSW: Q&A Can Our Building Managers Use Proxies for Monetary Gain? May 2017 - Question: Our Building Managers are using their proxies to vote on the negotiation of their agreements. Is this allowed?
• NSW: Q&A Can a Strata Committee Member send their own Notice to Comply Letter? May 2017 - Question: Can one member of the Strata Committee send their own notice to comply letter to a lot owner without
• NSW: Q&A Strata Accounting Procedure for Invoicing a Strata Plan Apr 2017 - Question: Can you please advise the proper strata accounting procedure for invoicing a strata plan? Our current system seems inefficient/cumbersome
• NSW: Q&A Owners Corporation AGM Minutes Not Factually Recorded Apr 2017 - Question: We feel our Owners Corporation AGM minutes do not factually represent the events of the meeting. How can we
• NSW: Q&A Can a Tenant and the landlord hold positions in executive committee? Mar 2017 - Question: Is it permissible for a tenant and a landlord of the same unit to hold positions in executive committee,
• NSW: Q&A Does the Owners Corporation Have a Duty to Define Common Property? Feb 2017 - Question: Does the Owners Corporation have a duty to define common property? Should it not have been put on the
• NSW: Q&A How Do I Use Proxy Voting Forms? Jan 2017 - Question: What information is included on Proxy Voting Forms? Does the form indicate how I wish to vote for each
• NSW: Q&A Procedure for filling a strata executive committee vacancy Jan 2017 - Question: What is the procedure for filling a strata executive committee vacancy? Does the Executive Committee have the power to

Q&A Strata Unit Entitlements Affecting Maintenance

Leanne Habib, Premium Strata
Jun 2016: Questions about Strata Committees: What are the rules of strata voting at the AGM concerning strata unit entitlements NSW?

Q&A Frequency of Owners Corporation Meetings

Leanne Habib, Premium Strata
Apr 2016: I feel we do not have enough owners corporation meetings at my scheme. What are the meeting requirements for a strata scheme in NSW?

Q&A Who Decides on the Strata Maintenance Contractors?

Leanne Habib, Premium Strata
Apr 2016: Who’s decision is it to appoint strata maintenance contractors? My issue is that our strata committee want to appoint an expensive gardening company when we have cheaper quotes.

Problems in two lot strata schemes NSW

LookUpStrata
Feb 2016: An owner in a two lot strata schemes NSW has some questions about strata concerning fire safety, sinking funds and common area maintenance.

Q&A – When the body corporate chairman of the Strata Committee resigns before the AGM

Leanne Habib, Premium Strata
Nov 2015: Questions about Strata Committees – Could you please tell me the correct procedure when the body corporate chairman of the strata committee resigns before the AGM

Q&A Disabled Access – Can I install a stair lift on common property?

Leanne Habib, Premium Strata
Nov 2015: I need to installation a stair lift on common property. If the proposal is not well received by the Owners Corporation, can I go ahead at my expense?

Strata Dysfunction in a Self Managed Two Lot Scheme

Premium Strata
Oct 2015: Strata Dysfunction issues can occur just as easily in small two lot schemes as in larger developments, as shown by this lot owner battling it out in NSW.

Proxy voting, storage units and unit entitlements. Do they count as legal votes?

Leanne Habib, Premium Strata
Oct 2015: In this building, storage units hold unit entitlements. Then what happens in a meeting – does the vote of a storage unit equal that of an apartment?

FAQs: Strata Schemes: Strata Committee and Meetings of the Owners Corporation

NSW Fair Trading

Can you subpoena emails between strata committee members?

Question

We have a dysfunctional executive committee where the chairperson has resigned and then retracted her resignation. (3 times)

We have put up with infighting within the executive committee as well.

Back in August this year we had the CTTT issue orders to repair our unit. Both the managing agent and the executive committee keep applying for extensions for the work to be carried out.

The main reason I’m contacting your office and I’m not sure if you can put me on the right path:

I’m trying to obtain or subpoena emails between strata committee members which are defaming and show contact with the managing agent and chairperson a month after she resigned with works regarding our unit. (we have been told they exist but another member is scared of this person and wont give copies to me.)

We have had a waterproofing issue since 2007 and a mould issue since 2004. (Not repaired) I also have a document stating if my mum should die from an asthma attack the building insurance co would be liable.

Also I’d like to ask we have had constant water from this person throwing water on to our balcony, the strata have sent one letter, not a notice to comply and their response is its a civil matter and do not wish to get involve.

Can you offer any advice on the above information?

Answer

From Susan Cornish, Dubbo Strata:

This does not sound like a very healthy situation. Do not think you would be able to subpoena emails due to privacy laws between strata committee members unless there is a court matter taking place where you are required too. I am not a solicitor so you would be best to ask that question from a legal advisor.

The important thing is to get your owners corporation functional and attend to your repairs. Are you the owner of the lot or acting as Power of Attorney for your mother? For what reason have you not been able to get your repairs attended to and that extensions have been requested? It should not be that hard.

Do you have the support and leadership from your strata manager to try and get this resolved? Otherwise you will have to go back to the CTTT. You could request an inspection of records to see if there is any EC meeting minutes or correspondence in the records.

In regards to throwing water on to your balcony I would of thought that this is a breach by interfering with the peaceful enjoyment of another occupier within the scheme. The executive committee need to approve and issue a Notice to Comply once they have agreed that a breach has occurred. In the meantime you will need to document information in a diary of any events which may be able to be used as evidence. Photos are always good.

Hope this is of some help?

Can a non-director or non-company representative be the company nominee?

Question

On a company nominee form does the person completing the form on behalf of the company have to be one of the listed directors? Can a non-director or non-company representative be the company nominee? Is there any requirement that some kind of proof of directorship be provided with the form?

Answer

From Simone Balsara, TEYS Lawyers:

Where an owner is a company, the company is required to appoint a company nominee who will be entitled to vote on the company’s behalf at an Annual General Meeting and / or an Extraordinary General Meeting. A vote cannot be cast until a company nominee is recorded in the Strata Roll in accordance with s118 of the Strata Schemes Management Act 1996.

If the appointed company nominee is unable to attend a meeting and wishes to appoint a proxy, a proxy form must be completed by the company to take effect. A company nominee cannot appoint a proxy on the company’s behalf.

Therefore, if an owner is a company with two directors, one of which is the company nominee listed on the Strata Roll, and neither director is able to attend the general meeting, a proxy (e.g. who could be a non director or company representative) can only be appointed if both directors execute and affix the company seal on the proxy form.

Question: Can the owners corporation pass a resolution limiting the spend of the executive committee?

Answer

From Simone Balsara, TEYS Lawyers:

Yes, especially with respect to large schemes. Section 80A allows for a limit on spending by executive committee’s of large schemes. This is achieved by resolution at a general meeting.

Question: How long do you have to wait for an adjourned meeting?

Answer

From Simone Balsara, TEYS Lawyers:

This depends on the reason for the adjournment of the meeting. If the meeting is adjourned because a quorum is not present, the meeting stands adjourned for at least 7 days (clause 12 (4) in schedule 2 of the Strata Schemes Management Act 1996).

However, if adjourned for any other reason, notice of the time and place of the resumed meeting must be served by the Secretary on the members of the owners corporation at least 1 day prior to the resumed meeting (clause 13 (2) (b) in schedule 2 of the Strata Schemes Management Act 1996).

Question: What is the difference between a proxy and power of attorney?

Answer

From Simone Balsara, TEYS Lawyers:

A proxy is more limited in scope than a power of attorney. A proxy is an authorisation to vote on one’s behalf in respect of certain matters as stated in the proxy instrument. A power of attorney is an authorisation to act on another person’s behalf in their name.

• QLD: Can you build a contingency into a body corporate budget? Jun 2017 - What you absolutely cannot do is build a contingency (and call it that) into your body corporate budget. Having that
• QLD: Audits, Auditors & Planning For the Unexpected | EXCLUSIVE Dec 2016 - Many owners would be familiar with the confusion, and difficulty, in ensuring their body corporate financial statements are audited. The
• Who Manages Our Body Corporate Managers QLD? Caveat Emptor II Nov 2016 - There is an abundance of anecdotal information, supported by formal evidence like reported Adjudications, which informs us that there are
• The most expensive balcony in Queensland – High Court tells Bodies Corporate what it means to act “Reasonably” Oct 2016 - The High Court’s decision will no doubt come as a huge relief to Bodies Corporate in Queensland, in particular those
• QLD: QCAT disputes – can I get my costs paid? Oct 2016 - It is a mistake for parties and practitioners alike to assume costs will never be awarded in QCAT, as QCAT
• QLD: EXCLUSIVE – WHO KNEW? Some Insights into Strata Security. Master Keys… who has the keys to your unit? Sep 2016 - Do you know about your master key lock system? It is a common practice for nominated people at a complex
• QLD: EXCLUSIVE – WHO KNEW? Some Insights Of The Strata Banking Game: Whose Bank Account Is It? Aug 2016 - Body Corporate Banking: Lot owners may not be aware their funds are sitting in someone else’s bank account..and it's a
• QLD: Why would anyone combine two quite different proposals into the one Motion? Jul 2016 - A practice has emerged where two quite different proposals are being bundled into single alternative motions and presented to owners
• QLD: Interim orders in the Commissioner’s Office Jul 2016 - Interim Orders: Everything in every dispute is usually urgent. This is especially true if there is any form of emotional
• QLD: Is the Gold Coast’s tourism hub at risk of going up in flames? Jul 2016 - The Queensland government may be putting thousands of lives at risk. One leading figure claiming that flammable building cladding imported

When is 21 days not 21 days?

Hynes Legal
Feb 2016: Australia Post’s changes to postage rates and service delivery times have real implications for body corporates. What do you need to know?

How to make an offer a body corporate cannot refuse

Hynes Legal
Feb 2016: How did we help secure exclusive use common area loft space for a Queensland Lot owner? By making an offer the body corporate couldn’t refuse.

WHO KNEW? Some Tricks Of The Strata Banking Game

Wayne Stevens, (UOAQ President) Unit Owners Association of Queensland (UOAQ)
Dec 2015: Body corporate bank accounts: does your Body Corporate Manager park large sums of body corporate funds in cheque accounts earning virtually no interest?

What does ‘ acting reasonably ’ mean?

Hynes Legal
Nov 2015: If you only read one article from us this year, make it this one on acting reasonably – because it is the most significant strata case in Queensland since the High Court’s decision on building defects.

How to waste a body corporate’s money

Frank Higginson, Hynes Legal
Jul 2015: When it comes to body corporate spending, a strata committee’s mind set should be to treat it like their own. If they were spending it from their own pocket, would they contemplate the action?

Body corporate spending limits

Frank Higginson, Hynes Legal
Apr 2015: The rules relating to body corporate spending limits are scattered across the relevant Regulation Modules. This post sets them out in one place.

The different body corporate committee roles

Frank Higginson, Hynes Legal
Mar 2015: There are a maximum of 7 voting committee positions for a committee formed under the BCCM Act. What are each of these body corporate committee roles responsible for?

What Does it Mean to Act ‘Reasonably’?

Jason Carlson, Thynne + Macartney
Feb 2015: Body corporate obligations to act reasonably – more to do with whether there is a logical and understandable basis for the decision rather than making the correct, best, fairest or most preferable decision.

Authority levels for body corporate decision making

Frank Higginson, Hynes Legal
Feb 2015: How are body corporate decisions made? There are two levels of decision making – committee level and general (either annual or extraordinary) meeting level.

Do you have paid Committee Members sitting on your Body Corporate Board?

Kelly Borell, Tower Body Corporate Administration
Nov 2014: Are you an owner in a Body Corporate with paid committee members? Are you aware whether approval for payment has been carried out by following the correct procedure?

What is defamation?

Frank Higginson, Hynes Legal
Oct 2014: It is critical to exercise caution and courtesy in all communications lest your words come back to haunt you in the form of a defamation claim.

The Validity of Voting Papers – Part 2

Frank Higginson, Hynes Legal
Aug 2014: We present you with six different methods of delivery for voting papers, set out how the votes were cast and discuss whether the methods were lawful or not.

General meeting disputes – some points to consider

Robert Walker, Commissioner for Body Corporate and Community Management
Mar 2014: The BCCM office regularly receives applications for dispute resolution seeking to have a general meeting of a body corporate, or a resolution passed at a general meeting, declared void on procedural grounds.

No confidence motions, rights of veto and more

Frank Higginson, Hynes Legal
Mar 2014: This is a post regarding some of the most common misconceptions we have to address in our day-to-day advices to strata managers, resident managers and strata committee members. It also comes from having sat through plenty of meetings ourselves.

Resident manager involvement in general meeting voting

Robert Walker, Commissioner for Body Corporate and Community Management
Jan 2014: The Office of the Commissioner for Body Corporate and Community Management continues to field enquiries about the extent to which a resident manager may lobby for owners’ support for motions submitted to a strata committee general meeting.

Do you inadvertently accept unlawful voting papers?

Frank Higginson, Hynes Legal
Aug 2013: This newsletter is based on a piece of decided litigation from the year 2000, but as we bounce around the body corporate management industry, it seems that what was a very hot topic at the time needs refreshing in the minds of some of the newer industry participants.

Seconding motions – is that really necessary?

Frank Higginson, Hynes Legal
Aug 2013: No. This could be the shortest newsletter in history but we will elaborate just a little bit. In a body corporate context there are two types of meetings at which motions are considered.

• QLD: Q&A Can I ban our Chairperson from holding committee positions? May 2017 - Question: Can I request the current chairperson be banned from holding any position on the committee now and in the
• Q&A The Body Corporate Roll QLD and The Privacy Act Apr 2017 - Our body corporate committee has direct our body corporate manager not to provide a copy of the body corporate roll
• QLD: Q&A What body corporate administration fees can be passed onto lot owners? Feb 2017 - Question: Can body corporate administration fees for services such as pet approvals or common property insurance excess be passed onto
• QLD: Q&A Can a Body Corporate Chairman tell other owners how to vote? Jan 2017 - Question: Can a Body Corporate Chairman tell other owners how to vote at the upcoming AGM? Answer: Yes. A committee
• QLD: Q&A Strata Manager Not Responding Due to Minor Procedural Inadequacies Nov 2016 - Question: Our Strata Manager is not responding to clear wishes of the majority of committee members because of some minor
• QLD: Q&A Making A Recommendation in a Motion With Alternatives Nov 2016 - Question: Is it normally alright for a Committee to recommend a preferred contractor in a Motion With Alternatives eg about
• QLD: Q&A Is it a Conflict of Interest for the Chairman to be a Paid Caretaker? Nov 2016 - Question: Can a lot owner be both the caretaker and the Chairman of their scheme? Is this a strata executive
• QLD: Q&A Approval for Hail Damaged Strata Roof Repair Nov 2016 - Question: Strata Roof Repair - Does the Body Corporate need 2 quotes and if a specific amount is not specified,
• QLD: Q&A New Committee Members Needed – Do We Require A General Meeting? Oct 2016 - Question: New committee members are needed. Can the remaining 2 committee members elect new committee members or should it go
• QLD: Q&A Requirements for Body Corporate Committee Members Oct 2016 - Question: Are there requirements for eligibility for body corporate committee members? Do they have to be Australian citizens OR reside

Q&As About Strata Living

Kelly Borell, Tower Body Corporate Administration
Apr 2016: Questions about Strata Committees – changing to a self managed body corporate, filling strata committee positions and strata levies.

FAQs – Questions about strata committees QLD

Rules regarding committee comments on owner motions at AGM

Question

What are the rules regarding the comments that a strata committee may place in the meeting notice, regarding an owners motion to be considered at the AGM? More specifically, can the strata committee state under ‘strata committee comments’ ( or in any format ) that an owners motion is ‘unenforceable’ or ‘out of order’, or is the proper place for this at the meeting by the chairperson?

Answer

We have received the following response back from Tower Body Corporate:

The person chairing the meeting must rule that a motion is out of order if:

1. the motion if carried, would-
   1. conflict with the Act, this regulation or the By-Laws, or a motion already voted on at the meeting; or
   2. be unlawful or unenforceable for another reason; or
2. except for a procedural motion for the conduct of the meeting or to correct minutes, the substance of the motion was not included in the agenda.

The person chairing the meeting, when ruling a motion out of order must: give reasons for the ruling; and

1. state how the ruling may be reversed by the persons present and
2. entitled to vote.

The persons present (who are entitled to vote) may by ordinary resolution disagree with the chairperson and reverse the ruling.

The reasons given by the chairperson must be recorded in the minutes of the meeting.

Question (cont.)

I now understand this as the process at the AGM meeting itself.

However, what about the strata committee stating that an owners motion is ‘unenforceable’ or ‘out of order’ in theAGM meeting notice documents, therefore prior to the vote. Is this permitted?

Scenario – an owner put forward 3 motions for the AGM, correct procedures were followed, they were included in the list of motions. The strata committee in the notice of the meeting, under the heading “strata committee comments”, stated about each “this motion is unenforceable”. It gave a brief reason which in effect just dismissed the motion. At the AGM all 3 motions failed.

My reading since then suggests that the strata committee cannot make comments that are specific or particular to an owner motion in this way, that the correct and only place unenforceable or out of order can be declared is at the AGM by the chair, as your original reply states.

My question is, did the strata committee follow the correct procedures?

Answer

Once again from Tower Body Corporate:

A strata committee can advise that motions are ruled out of order and included on the AGM Agenda prior to the meeting. There is no provision in the ACT that says this practice cannot be implemented.

However, at the meeting the motions that were ruled out of order by the Strata Committee could also be over ruled by those present if a majority agreed.

Do we need to formalise the acceptance of our new committee members?

Question

Our AGM is not until May. We want to put two more lot owners onto the strata committee to fill vacant – 2 vacant spots. We sent out the nomination papers to all owners and only 2 nominations received so we don’t need to vote. However, I presume we need to formalise the acceptance.

Answer

We have received this response from Tower Body Corporate:

Are the Strata Committee replacing 2 Committee Members that have resigned since being nominated at the last Annual General Meeting? if this is the case, then the Strata Committee has 1 month to fill the vacant positions. If this is not achieved within the given timeframe, then the Strata Committee must call a General Meeting and call for nominations from all owners to fill those vacant positions.

If say only 5 owners are nominated at the Annual General Meeting to be on Strata Committee, the Strata Committee cannot increase the number by adding another 2 between meetings. If 1 Strata Committee Member resigns during the year, leaving 4, the Strata Committee must replace that member to bring the total back to 5.

So if 5 Strata Committee Members are nominated, you would not be able to increase the number on Strata Committee until the next Annual General Meeting.

Can an owner not present at the AGM be placed on a strata committee?

Question

I understood that if an owner was NOT present at the AGM, even though financial, but no Proxy for them, then they could NOT be put onto strata committee regardless if they wanted to be on committee or not.

Answer

From Kelly Borell, Tower Body Corporate:

If an owner has validly nominated to Strata Committee, they can still be elected to the Strata Committee, whether they attend the general meeting or not.

The person asking the question may be getting confused with the part of the legislation that requires owners to be present at the meeting if they wish to cast a vote for a strata committee nominee, where nominations for vacant strata committee positions have been called from the floor of the meeting?

Proxy vote for election of a new strata committee member.

Questions about Strata Committees

We have a secretary (not an owner) who is on the Body Corporate committee owing to being a family member of the owner who gave him their proxy (S11 Accommodation Regn). As a proxy the secretary cannot vote for election of strata committee members at an AGM. Can they vote for election of a new strata committee member to fill a vacancy at a Body Corporate committee meeting?

Answer

From Kelly Borell, Tower Body Corporate:

Proxies and Strata Committee nominations are two different things.

I believe the Secretary in question is legitimately on the Strata Committee as they were validly nominated by the Lot owner and was elected at the AGM.

The Strata Committee nominee had also received the Lot owner’s proxy for the AGM, however they did not attend the AGM. Instead, the Lot owner attended the AGM and voted for the motions themselves.

At a Strata Committee meeting, the Secretary is voting on matters as an elected Strata Committee member, and not as a proxy, therefore they are eligible to vote to elect a new strata committee member to fill a vacancy.

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