Can a Tenant Use Proxies at an AGM to Join a Body Corporate Committee?

By admin,

A tenant in our complex used proxy forms to represent a few lot owners at an AGM. The tenant has five proxies completed, three for one person who owns three separate lots in the same complex. They are trying to use the forms to become a member of the committee.

Can Management Rights Holders Unduly Influence Body Corporate Committee Decisions Under Queensland Law?

By admin,

Our onsite manager/caretaker attends all committee meetings, monopolising and influencing voting on agenda items as they come up. Some committee members seem happy with this, but others are not. Is there anything in the legislation about the undue influence of non-voting participants at committee meetings?

Does Being in a Letting Pool Create a Conflict of Interest for Body Corporate Committee Members?

By admin,

If a lot owner puts their unit in the letting pool to be managed by the management rights company, is there any conflict of interest for the owner to be elected as a member of the body corporate?

If the owner can be elected as a member or executive member of the body corporate committee, should they abstain from voting on any issues involving the management company?

Can One Lot Nominate Multiple People to a Body Corporate Committee and Do They Have to Be Owners?

By admin,

Our current committee has accepted two nominations from the same lot. One nomination is an owner who self-nominated, and the second is the owner nominating his wife, who is not an owner. Can a single lot nominate two individuals? Can the committee accept two nominations from the same lot?

There are currently six other eligible nominations. However, if the minimum number to form a committee is not met, can an owner and an owner's representative make up 2 of the 3 minimum required or do committee members need to be co-owners?

Can a Body Corporate Remove a Toxic Committee Member Without a Formal Vote of No Confidence?

By admin,

Our 31-lot body corporate complex has six committee members. One member is very toxic. The other committee members would like to have a vote of no confidence against the toxic owner at the AGM. How do we do this?

Can a Body Corporate Remove and Dispose of Tenants’ Property Without Notice and Are They Liable to Compensate?

By admin,

I had some items (bikes etc) chained up under the building where I rent a unit. The Body Corporate used bolt cutters to remove our items without any notice. They claim the items were taken to the dump.

What rights do we have as tenants? Are we within our rights to be compensated for our forcibly removed or stolen equipment?

Are Body Corporate Bylaws Enforceable When Owners Ignore Approval Requirements for Lot Improvements?

By admin,

Our body corporate is a standard format plan so lot owners are responsible for the maintenance and insurance costs of the building. Our body corporate bylaw for lot improvements is pretty standard:

An Owner or Occupier shall not alter the external appearance, finish or colour of the building on the Lot nor add to, extend or cover the Lot in any way without the prior written approval of the Body Corporate.

Can a Lot Owner Issue a Form 1 When the Caretaker and Committee Won’t Enforce Bylaws?

By admin,

Our caretaker refuses to notify residents they are parking on common property without committee permission. He refuses to passing offenders information onto the committee for action. The committee wont take any action against the caretaker.

As an owner, can I lodge an official complaint with the Body Corporate Commission or do I submit a form 1 to the committee seeking some action? What would be the correct procedure?

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