This Q&A about whether a subcommittee of the body corporate committee can make decisions in QLD has been answered by Hayley Gath, Mathews Hunt Legal.
Question: The committee has created a subcommittee to make decisions about a refurbishment program for our building. Does the subcommittee have the power to make decisions?
Answer: The Body Corporate cannot delegate its decision making powers to a subcommittee.
There is no legislative basis for a subcommittee.
Often subcommittees are used to compile information for a committee’s consideration. A common subcommittee is an architectural review committee.
The Body Corporate cannot delegate its decision making powers to a subcommittee. Therefore, a subcommittee cannot and should not make decisions about the refurbishment program, especially because their actions are not covered by the legislative protections given to committee members.
Additionally, if a refurbishment program is over the major spending limit there needs to be compliance with the legislation regarding quotations and general meeting approval will be required.
If you have a question or something to add to the article, please leave a comment below.
This post appears in Strata News #294.
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