QLD: Can owners vote on procedural motions to allow someone to speak at the AGM?

This article discusses whether owners can vote to allow someone to speak at a body corporate AGM in QLD and how procedural motions may affect meeting discussions.

Question: Can owners vote to allow an owner to speak at an AGM if the chairperson tries to stop them?

If the chairperson tries to prevent an owner from speaking at an AGM, can the owners present override the chairperson and vote to allow the owner to speak?

Answer: By the time of the actual meeting, talking about things is probably too late and ineffective.

There’s no express right of owners under Qld strata legislation to speak at an AGM. Feasibly, you could have an AGM that lasts 5 minutes and is simply a recitation of ‘yes’, ‘no’ or ‘abstain’ votes for each agenda item. In practice, and with good governance in mind, some discussion amongst and by owners is generally a feature of an AGM. Potentially, what you describe might (we stress, might) be covered by section 107(6)(b)(i) of the Body Corporate and Community Management (Standard Module) Regulation 2020 (equivalent provisions of other Regulation Modules), which provides for a ‘a procedural motion for the conduct of the meeting’.

If your issue is that you (and other owners) feel unheard, you can potentially approach that from 2 angles:

1. raise your concerns directly with the chair and the committee; and
2. secondly, and probably what we think is best, ensure that all of your discussion and lobbying is done before the AGM.

Experience tells us that by the time of the actual meeting, talking about things is probably too late and ineffective. You’ve got to get people involved and onside before that.

This is general information only and not legal advice.

Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898

This post appears in Strata News #783.

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Read next:

• QLD: Q&A Can extending levy due dates at the AGM make an unfinancial owner eligible for committee election?
• QLD: Q&A AGMs, Motions in Strata and the Obligation to Act
• QLD: Q&A Body Corporate Voting Rules – What You Can and Can’t Do

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