Question: Our committee is delaying our AGM indefinitely so they can continue with the current committee to address ongoing building issues. Is this reasonable or legal?
Our AGM is due by the end of August. The committee advised they were delaying it until the end of September, one month past the required timeframe, so they could continue with the current committee to address ongoing building issues.
We have been advised there will be a further delay for the AGM, and they have provided no date.
They acknowledge in writing this is not legal and not in accordance with the BCCM Act. They have not applied for an extension.
Is it reasonable or legal for the committee to delay the AGM without consulting all owners? What can we do?
Answer: AGMs must be held within three months of the end of the financial year.
There is a legislated time frame in which AGMs must be held – three months after the end of the financial year. There is an expectation that schemes adhere to that.
There can be various complications around delaying, particularly with the issuing of levies, but it is not uncommon and not a disaster when a delay happens, provided there is an intention to move forward and call the meeting.
It sounds like the committee may be trying to do the right thing for the building, but perhaps what started as a good intention is now causing a problem for the scheme. Have you let them know you are concerned and think the AGM should proceed ASAP? It may just be that they need a push in the right direction, and if a couple of owners voice a complaint, they might move forward. Maybe you could tell them that you appreciate their work but that even if there is a change to committee members, this shouldn’t unnecessarily stop building works. Presumably, these have been approved, so changing committee personnel shouldn’t make a difference. If some committee members were heavily involved in the works, they would stay on the committee if reelected or could continue providing advice and assistance on an informal basis.
If the committee simply refuses to call the meeting, the matter might be a bit harder. You could make an application to the commissioner’s office, but it may take time to resolve, by which time the meeting may have been held. As an alternative, maybe you could provide a formal letter advising of the breach of legislation, advising of the committee’s code of conduct requirements, and that, while the delay may be helping the building works, it is also denying other people their rights to vote on scheme affairs and be nominated to the committee. You could get a copy of the roll, circulate it to all owners and see what happens.
This post appears in the September 2023 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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