Question: At a committee meeting, can observers be asked to leave while the committee discussed a legal matter? Are votes valid, also should minutes be taken and decisions recorded after residents are asked to leave?
I attended a formal committee meeting recently as an observer. The meeting covered a number of minor agenda items, then the Chair told those present that the committee was going to discuss a legal matter and that all observers need to leave. A number of important agenda items were not covered.
What is the standing of any agenda items voted on after residents were asked to leave?
Can these votes be added to the minutes even though no residents were allowed to be at the meeting?
Answer: The decisions that were made by the committee are valid irrespective of whether they had observers present.
The decisions that were made by the committee are valid irrespective of whether they had observers present.
Relevantly, section 63(6) of the Standard Module sets out all the circumstances in which an observer must not be present for the discussion of certain issues if the committee determines so. This includes the following issues:
- By-law breaches
- Commencing a proceeding;
- Proceedings against the body corporate; or
- Disputes with the body corporate and an owner, occupier, caretaker or body corporate manager.
It sounds as though the committee followed the specified process in relation to these agenda items.
This post appears in Strata News #589.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753