Question: BCMs often have close ties to committee chairs. BCM contracts rely on committee support, so how can owners trust voting for committee positions when there’s no oversight?
As body corporate managers (BCM) and committee chairs are usually extremely close and the BMC depends on support from the committee for renewal of their contract, how can owners scrutinise committee or executive committee elections when votes are all via email to the BMC, with no scrutiny?
Answer: It would be strange if managers weren’t working with committees to achieve their goals. That is what they are appointed to do.
All votes received are part of the official record of the body corporate. As such, you can request copies of meeting documentation, including the votes from the body corporate. If necessary, you can arrange a search of the books and records, and you should be able to find the information. You could also consider being a scrutineer, an observer who can see votes during a count.
For what it is worth, it is mostly a positive sign if the committee has a good relationship with the body corporate manager. They work together a lot, so it’s more of a concern if they are not happy with each other, although I accept that not all committee-chair relationships are positive. It’s also the case that most body corporate contracts are put forward as committee motions, so that is not strange in and of itself. Managers are more likely to support committees that will back the continuation of their contracts. Still, it is also the case that committees are the appointed delegates of the scheme. It would be strange if managers weren’t working with them to achieve their goals as that is what they are appointed to do.
Managers and committees are also obliged by a code of conduct to count votes correctly. If they don’t, action can be taken against them. This situation would be further improved if licensing of body corporate managers was introduced into Queensland as it is in NSW, but the powers that be are dragging their heels on this issue. Overall, as a manager, I think most votes across most companies are counted accurately. There are some egregious examples where this is not the case and many situations where minor errors in counts occur, but I don’t think there is too much active vote rigging taking place across the industry.
Still, if you have concerns at your scheme, you can take action. Discuss with the committee and manager first and ask if you can see the votes or if there is a way to make voting more transparent. Otherwise, review the records and see if you find any issues. You haven’t mentioned anything specific in your question, just a general sense of concern about the process. Perhaps if you spoke to the chair or manager about this or joined the committee yourself, you may have more confidence in the system.
Lastly, it is worth noting that the shift towards electronic voting takes much of the counting process out of the hands of the manager or committee. Most companies now offer this, and it is easy for owners to cast their votes online, creating complete records of what has been submitted. Owners should be encouraged to vote this way if suitable as it is fast, efficient and accurate.
This post appears in the August 2024 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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