This article discusses who has the authority to approve a caretaking agreement term extension in Queensland, and whether a committee or all owners must vote on a proposed top-up.
Question: We’d like to request a 5 year top-up of our caretaking agreement. Is this a committee’s or all owner’s decision?
We are lot owners and caretakers in our QLD body corporate. We want to request a 5 year top-up of our caretaking agreement. How do we proceed?
Is a special resolution required? Do we submit a motion to be included on the body corporate committee’s agenda? If the committee vote is past, is our top-up approved? Or does this decision need to go to an AGM to be voted on by all owners?
Answer: A committee cannot vary a management rights agreement.
It absolutely needs to go to a general meeting, and it is an ordinary resolution by a secret ballot. A committee cannot vary a management rights agreement.
This post appears in Strata News #731.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500