What can an owner do if the committee fails to plan for ongoing maintenance?

QLD
Committee & Governance
Law & Updates
question
Lookupstrata community member

Can an owner put a motion to an EGM requiring the committee prepare and distribute a maintenance plan?

In our Queensland body corporate of 23 units, the committee has not prepared a maintenance plan for more than four years and only arranges servicing or repairs when something breaks. Can I put a motion to an EGM requesting the committee to develop a maintenance plan, including regular servicing and common area repairs, and to distribute it to all owners quarterly? Or would this be considered directing the committee to do what they should already be doing?

answer
Chris Irons
Chris Irons Strata Solve

Certainly. Your other option is to address a specific maintenance issue as a dispute.

Good questions, and a serious issue: the consequence for a body corporate not carrying out maintenance is that it might be considered dysfunctional, which would in turn potentially require an administrator appointment. Non-performance of maintenance might also mean insurance cover becomes unaffordable, or indeed, unavailable. You might like to remind your fellow owners and the committee of these high-risk consequences. That in turn might motivate them to attend to the maintenance.

If you were to submit a motion about a maintenance plan, it's probably better to do so with a quote from a firm that is qualified to do such a thing. That way, owners have something tangible to vote on. A motion that simply says 'establish a maintenance plan' is much easier to ignore.

Your other option is to address a specific maintenance issue as a dispute. For instance, if the body corporate fails to maintain a common property driveway and a maintenance quote is voted down, potentially, it could be challenged in the Commissioner’s Office. That would be a lengthy process, although at least it would result in a binding outcome and might also serve to remind the committee of its responsibilities.

It might also be that the committee needs to be replaced if they are not doing their job. Of course, that presupposes there are replacements ready, willing and able.

This is general information only and not legal advice.

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