Question: Our chair wrote to the caretaker advising they are not allowed to attend the AGM. Can they do this?
We operate under the Accommodation module. Our chairperson recently wrote to our caretaker advising they are not allowed to attend our AGM. Our caretaker isn’t a lot owner. As the caretaker is automatically a non-voting committee member, can the chairperson and/or the committee do this?
Answer: The caretaker should look at being appointed as representative of a lot owner.
The AGM is for lot owners and their representatives. In one sense, the caretaker is the same as what we (lawyers) would be if we were acting for the body corporate on legal issues. A third party engaged to provide services, and the body corporate lawyer has no automatic right to attend general meetings either.
Having said that, the caretaker clearly has a far tighter (and likely longer term) relationship with the body corporate, so to me, it would make sense most of the time to have them invited along.
If the committee doesn’t want them there, and the caretaker wants to go, the caretaker should look at being appointed as some form of representative of a lot owner. That’s how non-attending owners get represented.
This post appears in the November 2024 edition of The QLD Strata Magazine.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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