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. When this Q&A was shared in newsletter #783, Chris received quite a lot of comment. In response to both personal emails and the comments below, Chris expanded on this topic in a new article, which can be read here: QLD: How much discussion should be allowed at a body corporate AGM?
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:
- raise your concerns directly with the chair and the committee; and
- 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.
Have a question or something to add to the article? Leave a comment below.
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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Chris Irons, Strata Solve has expanded this article and responded to these comments in a new post, which can be read here:
QLD: How much discussion should be allowed at a body corporate AGM?
I agree that there needs to be substantial change in the BCCM rules to stop this sort of committee behaviour and misuse of funds and power. Clear and strict guidelines are needed with consequences for non compliance. The system in its current form is not working and creates stress to so many people. Bullying, power control and personality clashes are rampant. The system needs to be changed to prevent this poor behaviour and to protect the rights of the average property owner who is not represented well in the current system.
RE discussion at general meetings.
This is becoming such a topical issue because there is an emerging trend away from open discussion at general meetings, and not just to tightly controlled rules and times for debates and general business. What I’m seeing is a trend towards no general business discussion being allowed, and even no debate permitted re motions on the agenda…all justified because the matter is settled by electronic votes received before the AGM or EGM.
And when you look at what is happening at Committee level, it is getting worse. No Qs from the floor at formal Meetings, with most business being resolved informally “in camera’ behind closed doors and without attendance by the BCM. Minutes not taken and therefore not distributed, and often the BCM gets the bare minimum of documentation other than enough to authorise payments.
We can discuss forever what the BCCM legislation contains and doesn’t contain, but some basic principles and values should be observed. Notably, these were endorsed by Adjudicator I Rosemann in Pacific Mansions 2012/167, who seemed to be saying…why wouldn’t you allow debate and discussion, within reason, and really, it is up to the owners at the meeting to decide how their meeting will be conducted, Certainly works for me.
We need to remember that general meetings are not the Chair’s, not the Committee’s… they are owners’ meetings and should accommodate all owners who take the trouble to front up on the day.
We have 2 types of democratic process in QLD’s strata world;
1: REPRESENTATIVE DEMOCRACY ie the Committees who are elected to represent us. They are there to handle the day to day stuff. The important stuff is restricted from them, and reserved for the owners at general meetings.
And it is proper that the Committee’s get to control how their meetings are conducted eg non-members may attend but not ask Qs w/o permission. (But why would any sensible Cmttee not permit any Qs, you’d have to ask.)
2: OPEN DEMOCRACY ie the general meetings, for all owners who wish to participate. This based on the Athenian model, the one which started it all more than 2,000 years ago.. All adult male Athenian citizens could attend and participate with debate and exchange of ideas and opinions…and they did.
Our general meetings handle the big important stuff, the stuff that is restricted from the Committee…and all owners should be allowed to gather and participate like thinking, informed adults. Treating them otherwise invites suspicion and resentment. It is not wise in the long term.
I think it is a very common trend of the bad committee and a bad management.
It is to keep the owners out of everything about managing and deciding about their most important assets.
My committee goes even further. No communication exists between the committee /not voted on/and owners. sometimes no AGM venue is provided, only to people who will self appoint themselves from the floor without nominating prior to AGM,,
When the treasurer is asked for 20 min of his time at his convenience by an owner prior to AGM in order to know how to vote and not to hold the meeting, he would not do it and attacks the owner aggresively at the AGM, with full support of the manager telling the owner that expenditure is only privy to the committee.
Attacks on those who ask questions, therefore nobody attends AGM and nobody is informed about anything..
No committee meetings only VOC ,
Untrue minutes not corrected etc, etc, no motions responded or voted on, and no accountability for for the wrongdoers.
And the harm is continuing, owners funds mismanaged,
no statutory maintenance done and levies increasing..
Proper laws need to be put in place in Qld. and some accountability and regulations to make Strata businesses like other businesses.
Licencing and minimal qualification would be a good start.
Owners rights should be restored and committee wrongdoings should have consequences.
Nobody is forced to be a volunteer on the committee and be legally protected by the people they harm.
With regard to the AGM protocol –
In my experience – the AGM notice of meeting include the Agenda items which consist of 3-4 words with a description of the item. An example: Item 4 Maintenance, item 5 Caretaking
No motion is attached. Do you mean this is not legal or just not best practice?