Question: Our committee members have informal meetings or workshops, even though decisions are made that impact owners. Should a record of all committee meetings be kept and minutes distributed to owners?
Our committee members have informal meetings or workshops, even though decisions are made that impact owners. No minutes are taken. There is nothing in the Act or CMS that mentions meetings like these. Should a record of the meetings be kept and minutes distributed to owners?
Can a meeting be called informal if there are observers and a detailed agenda requiring the committee to make decisions (votes) and discuss items affecting owners?
Owners are kept in the dark. We usually become aware of issues after committee decisions are implemented. Here is a recent exchange with the committee:
Owner – Could you advise if any minutes were taken at the informal committee meeting on XXXXXXX and if so, will these minutes be circulated to owners?
Secretary – No minutes were required to be taken in the informal meeting on XXXXXX. The next formal meeting will be on YYYYYYY.
Answer: Unless the meeting has been properly called, with the opportunity for non-committee members to attend if they choose (and if they qualify to attend), it is highly unlikely that any purported ‘decisions’ reached would be valid.
You have touched upon a very good – and common – topic here. I have lost count of the number of queries and complaints I have heard about committee ‘meetings’, ‘informal’ committee discussions and related.
Let’s put it this way: it’s perfectly fine for the committee, or some committee members, to get together and yak. Heck, they can talk until their throat is hoarse if they want. They can throw ideas around, have ‘workshops’, and be as ‘informal’ as they want. The fact remains that unless the meeting has been properly called, with the opportunity for non-committee members to attend if they choose (and if they qualify to attend), it is highly unlikely that any purported ‘decisions’ reached would be valid. In your scenario, it is correct that there is no requirement for minutes to be taken of a so-called ‘informal’ meeting, although that, in turn, means no decisions should have been made or implemented arising out of it.
It is also open to a committee to make decisions outside of a committee meeting – known as a ‘VOC’ – although any such decisions should be confirmed at the next meeting. Note the distinction here between ‘decision’ and ‘meeting’.
I note from your query that the Secretary says there will be a ‘formal’ meeting coming up, suggesting some regulated committee meeting system is happening. Perhaps in your scheme, lines are blurring amongst committee meetings, VOCs, and discussions. That happens a lot more than you might expect. I will give your committee the benefit of the doubt (for now) and say that perhaps this is an honest mistake based on good intentions. Even so, the governance here sounds lacking and needs tightening up. Failing that, the committee might need replacing – assuming, of course, you have replacements ready willing and able to do the job.
This is general information only and not legal advice.
This post appears in the April 2025 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
I have noticed in a lot of the replies to questions an extreme bias favouring Body corp managers, even at the expense of noted failures to comply with legislation. BCM’s have a responsibility to not perform any function that is contrary to the BCCM act whether directed to by committee or not.
The response to Sue Ekert is a prime example. The committee and caretaker are clearly acting outside of the requirements of the Act, but the response is to just accept it and don’t bash the BCM,s. BCM are not always “creatures of instruction” they conribute to the bad practises of committees just like the behaviour of the one mentioned by Ms Ekert. A specific question deserves a specific answer, not a generalisation.
I see that emails etc relating to Body Corp business should be part of Body Corp records. What about Committees that hold “unofficial” meetings to avoid having to take minutes and release information to Lot Owners if the meetings also are Body Corp related?
“The committee can do whatever they want to do” very dissapointing
but very truthfull response.
And that is why we can have so many cases of committee behaving badly! with no consequences.
How strange that owners have no more rights to prevent the above, until is too late / e. g. special levy, after mismanaging the owners money in sinking fund /, etc.
Oh yes, the owner can take a costly legal action, if can afford it, and at the same time to contribute to pay for the offenders legal cost.
Not all committees are elected, by owners’ voting, which is another problem.
It is not easy for the powerless to remove those with all power and NO accountability.
There is too much protection for unlawfull, or even criminal behaviour of some people, just because its name is ” a committee”.
I would like to thank you Nikki very much for the work you are doing so wonderfully and helping people to educate themselves in this area of so many problems.
It is very hard also for the lawmakers to adjust the laws to be fairer, and there is not much improvement in the proposed changes this time for the vulnerable owners.
The pendulum is too much on the other side, allowing abuse of the decent owners, often old or very young ones with limited incomes to allow them to voice their concerns.
Also bullying, harassment and other nasty actions by committees seem to be permitted countlessly towards those vulnerable ones.
It is very sad that this is the present state of our society.
Thank you for all your kindness towards everybody, fairness and help.
It always gives me some hope, that maybe one day bad things will change for better again.
In QLD Body Corporate, does a financial statement need to be within the minutes of an EGM.
No, is the simple answer. EGM’s can be for a wide range of topics and the minutes should reflect the content of the EGM
However, the statements should be easily available to you at any time via an online portal or by asking your manager. If it is hard for you to get them that is a warning sign.
I have just received an email from the body corporate manager office with an attachment of committee meeting where are date, place, agenda.
I am aware of the committee meeting can be called by the secretary or the chair, not by the BC Manager. I am concerned of validity this notice and the meeting as a whole. What should be a proper process calling the committee meeting via the BCM?
Regarding the question on closed-door discussions at committee meetings and members being asked to leave the room. Can an owner/s challenge this request and stay and listen to the committee’s discussion particularly if that owner had put the request to the committee to have a by law amended? Also can the owner request permission to comments on some of this discussion?
Hi Sharyn
Chris Irons, Hynes Legal has responded to your question in the above article.
The first question answered a query I had about confirmation of minutes.
I personally feel that if you weren’t actually at the meeting the you should abstain from voting on a confirmation motion.
We received this question via email:
Are emails or any other mode of written communication between members of a Committee dealing with body corporate issues that don’t specifically identify an owner or resident required to be included as a body corporate record?
This response from Frank Higginson, Hynes Legal:
100%
If they relate to body corporate business then they should form part of the record, as hard as it is to capture some of them that don’t go through the bc manager.
In our legislation in Victoria, an owners corporation must act in good faith. If there is a loophole in the legislation (where you believe it needs to be tightened), speak to your member of parliament.
No Committee Meetings are held at Regatta Riverside Tower 1 at all, for over two years now. Occasionally we receive copy of a VOM. Correspondence is not responded to and the caretaker has controlled the election of committee for years, despite Lot owners endeavouring to become committee members. Archers are complicit in this very poor administration. What would you do to remove caretaker controlled committee members?
Hi Sue
We have received the following comment from Frank Higginson, Hynes Legal:
Ultimately, bodies corporate are run by the elected committee members. If owners are happy with how things are being run, then they are. If you are not, you can seek to lobby for change, but ultimately, the committee are the committee and if the majority of owners want them to run it the way they are then that is it. I would be personally very unhappy to see Pauline Hanson running the country but if enough people voted for her, then that is the way democracy works. It is the same in strata land.
It is very easy (and usually unfair) to throw stones at the strata manager about the practices of the committee. Body corporate managers are creatures of instruction (like lawyers). If a committee wants to run the schemes by VOC, then that is what they want to do. It is not the place of a body corporate manager to direct their client what to do. The body corporate manager can offer best practice suggestions or recommendations, but the committee ultimately does what it is they want to do. They do not have to do what anyone else wants them to do.