Question: Can a body corporate committee place a motion on the AGM agenda to restrict lot owner access to a defined common property area of land?
Can a body corporate committee change a defined common property area of land from being able to be accessed by lot owners to being not being able to be accessed?
When the motion is placed on the AGM agenda what is the number of votes required to pass the motion.
We have 80 lot owners however it is expected only 40 odd will lodge a vote and even less attend the AGM meeting.
Answer: Without knowing anything about the terms of the motion or restriction, placing a motion restricting access to a common property area on an AGM agenda sounds reasonable in principle – owners can vote and make their choice.
A body corporate can restrict access to common property areas, but it requires justification to do so.
Typically, restricted access is applied where there are health, safety or security concerns from owners and occupants entering that area.
Consider a common property flat roof at the top of a tower. Some owners may see that as a nice spot to go and enjoy the view, but there could also be a substantial safety risk in going up there, particularly if there are no barriers or signage directing use. In that case, most people would agree that it is reasonable to limit access to prevent injury.
More recently we have seen restrictions to areas such as swimming pools and meeting rooms due to Covid. Most people accepted these as sensible and required measures.
As ever though, a body corporate is required to make reasonable decisions. Let’s say an owner wants a contractor to access the flat roof because they want to submit an owner’s motion for repairs of the roof. In that instance, provided the contractor can show they are suitably qualified, access should be granted.
In this case, you indicate a motion restricting access to a common property area has been placed on an AGM agenda. Without knowing anything about the terms of the motion or restriction, that sounds reasonable in principle – owners can vote and make their choice. The fact that half or less of the owners will vote is not really relevant. Provided there is a quorum, decisions are made by those that do vote not by those that don’t.
Perhaps there is a reason why you are concerned about this motion. Maybe speak to your body corporate manager to see what they think. Are they aware of other owners with concerns? Possibly, you could look to have the motion ruled out of order at the meeting. If the motion is passed, you may be able to challenge it via the Commissioner’s office. Either way there a options for you to consider based on the rationale behind the proposal.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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