I have been looking at past AGM minutes and noticed a top up for a management rights agreement motion listed as an ordinary motion. The motion was a top up not an option from the contract. I would have thought that granting a 5 year extension that costs 5 x annual payment would equal $400,000. Should this have been a Special Resolution and thus require a more positive vote from the owners.
Our BC and owners have called a meeting that falls within the mandatory 21 day period and they have been advised that it is not legally binding but are proceeding anyway. The meeting notice did not come with a form 5. I understand that any decisions made at this meeting would not be binding but what would happen about the costs of this meeting?
The body Corp managers are not involved as the original request for an EGM was not supported by a list of signatures that represented 25% of owners. The BCM are taking no part as they say their services have not been requested.
Given that the committee cannot spend more than its spending limit and the committee cannot divide a project in smaller parts, can a committee spread the spending for a project over several years so that each year the amount is less than the spending limit, in order to avoid having to obtain approval by ordinary resolution at a general meeting?
Is the committee obliged to send out the Statement of Accounts with the minutes when the Statement of Accounts is an agenda item? If they are not, then when can owners have the opportunity to ask questions about expenditures?
We are in a complex of 140 units under the Accommodation Module and Building Format Plan.
The committee has been advised that approval can be given for improvements to Exclusive Use and Common Areas that exceed the $3000 limit on the condition they are then ratified retrospectively at a general meeting. In other words, the applicant doesn't have to wait for a General Meeting to commence the improvements but must seek retrospective approval at a General Meeting. This is in effect a workaround of Section 183 and Section 177 of the Regulations. Is the advice correct?
At our recent AGM, a committee motion relating to budgeting for legal services was declared 'out of order'.
What must the committee now do to obtain body corporate/owner approval of such spending in 2021/22? Would this, for example, warrant an EGM being called?
Our committee has recently approved a motion to use body corporate funds to pay a contractor to mow the private lawns of about half a dozen lot owners. As our townhouse complex (48 units) is a Standard Format Plan I assumed that lot owners were responsible for the maintenance of their lot and not the responsibility of the body corporate.
The minutes of the relevant meeting stated that the body corporate made the decision to pay out of body corporate funds because it would "benefit the whole community".
Our Sinking fund is formulated each 5 years by a quantity surveyor.
In our sinking fund, we have a very large sum for “unforeseen”.
Our complex is 33 yrs old.
We held a general meeting to allow us to use these “unforeseen" funds to reline broken pipes under the complex driveway.
The problem with roots in broken pipes is a continual problem.
Do we require a General Meeting each time this happens to pass a motion to use these funds?