How can owners deal with dysfunctional committees?

QLD
Committee & Governance
question
Lookupstrata community member

What disciplinary options are available in a body corporate, aside from removing a committee member through a vote?

answer
William Marquand
William Marquand Tower Body Corporate

Get clarity on the outcome you want and pursue that, rather than thinking about how you could utilise 'disciplinary' actions.

You may want to consider an alternative perspective.

Committees are made up of volunteers. Their role often involves managing complex issues, frequently without recognition, and making decisions that may not please everyone. It's important to recognise the effort and commitment this role requires. If you or others feel the committee isn't meeting expectations, the appropriate course of action is to get involved by nominating yourself or encouraging someone else to do so. Concerns about accessibility or fairness of elections, such as suggestions that "the committee is stacked" or "it's impossible to get on", are often based on perception. Committee elections follow democratic principles: if a candidate has the support of the majority, they are elected. If not, it may be worth reflecting on what could be done differently to gain that support.

Formal disciplinary mechanisms are typically associated with regulated professions (e.g., legal or real estate sectors). A volunteer committee does not fall into this category, although it is fair to expect that committee members conduct themselves with professionalism. That distinction is important when considering accountability mechanisms.

In other words, forget about notions of discipline or punishment. If the intent is to pursue some form of accountability, it's worth considering what outcomes are realistic and appropriate. Options like sanctions, disqualification, or public reprimands are not applicable in a strata context. While 'no confidence' motions are common in politics, they are not a recognised procedure in strata governance frameworks.

Broadly speaking, the most effective responses to concerns about a committee are to:

  • Dispute a specific committee decision through the Commissioner's Office – although you have to demonstrate why it was unreasonable,
  • Seek removal of a committee member or members via an ordinary resolution or a code of conduct process.

Our tip: get clarity on the outcome you want and pursue that, rather than thinking about how you could utilise 'disciplinary' actions.

Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898

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