Question: Can residents attend a pre-AGM budget meeting, or is it a closed committee-only meeting?
Are residents allowed to attend a budget meeting which is planned to be completed before the AGM, or is it a closed meeting for the body corporate committee only? Can the committee have secret meetings?
Answer: A budget meeting is procedurally the same as any other committee meeting, and owners have a right to attend and observe.
A budget committee meeting is legally the same (from a procedural point of view) as any other committee meeting. The requirements are prescribed under the applicable regulation module for the scheme.
Accordingly, it is not a ‘closed’ meeting, and owners have a right to attend and observe the meeting in accordance with the usual requirements set out in the regulation module.
An owner of a lot, or lot owner’s representative, can attend any meeting of the committee, provided they give the secretary written notice of their intention to do so at least 24 hours before commencement of the meeting. The regulation modules set out certain information that must be included in such a notice.
An owner attending a committee meeting can only observe the meeting, and cannot speak to the committee unless invited to do so (the committee can revoke authority at any time). Also, there are certain prescribed circumstances in which the person can be asked to leave the meeting, including when discussion or voting is taking place on an item of business concerning by-law contraventions, legal proceedings involving the body corporate, or other types of disputes.
Your question refers to ‘tenants’ attending committee meetings. There is no right for a tenant (occupier) to attend committee meetings (unless they are also an owner or an owner’s representative). Of course, the committee (by a majority) can invite non-owners and third parties, including a tenant, to attend committee meetings. However, that discretion rests entirely with the committee (and any approval granted could be revoked at any time).
Formal meetings and a href=”https://www.lookupstrata.com.au/qld-ratifying-unauthorised-committee-decisions/”>committee decisions take place ‘behind closed doors’ or in ‘secret’ meetings. Of course, that does not restrict or prevent committee members from liaising and communicating with one another outside of the formal meeting procedures to discuss matters relating to body corporate business.
This post appears in Strata News #808.
Jarad Maher
Grace Lawyers
E: jarad.maher@gracelawyers.com.au
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