What is the administrator’s role at an AGM?
An administrator has been appointed to our body corporate under orders. If owners vote on a motion at an AGM and the vote is tied, for example, two owners vote to appoint a body corporate manager and two vote against, can the administrator use any additional powers to make the decision and break the stalemate?
It comes down to the terms of the appointment.
It comes down to the terms of the appointment. If an administrator has been appointed to run an AGM and that's it, then the short answer is no. If they've been appointed to run the body corporate, then maybe.
When I'm running a body corporate, and I run an AGM, I want the body corporate to get back to a state of functionality, so I'll run the AGM and get everybody participating to show them how it should normally be done.
If we then reach a stalemate, I follow the Act. If I'm the chairperson, I'll do what is in the best interests of the body corporate. An administrator is trying to retrain the body corporate to adopt a habit of being functional, where possible. On the other hand, if a body corporate is so dysfunctional that the administrator has to fix a raft of issues first to get it to a state of functionality, it's best to concentrate on just getting stuff done and then build from there.
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Michael Kleinschmidt has specialized in strata law for over 20 years. During this time, he has served all of the peak stakeholder groups: Australian College of Strata Lawyers – Fellow and Council Member, Australian Resident Accommodation Managers Association (Qld) - Legal Panel Member, Strata Community Australia (Qld) - inaugural Legislative Committee Chairperson and past Professional Standards Committee member, Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group – ACSL representative, Attorney General’s Community Titles Legislation Working Group - ACSL representative. Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.
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