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