Question: Our body corporate manager provides different committee meeting agendas for committee members and owners. Why are there different versions? Are owners allowed to know what’s to be discussed at the meeting?
Our body corporate manager provides different committee meeting agendas for committee members and owners.
Owners are sent a ‘notification’ of the meeting, with generic agenda items that never change and don’t have any specific information, e.g. business arising, ratifying VOC’s, general business, etc.
The committee’s agenda includes dot points of the specific topics and motions to be discussed at the meeting.
Why are there different versions? Are owners allowed to know what’s to be discussed at the meeting?
Answer: It is accepted that the issues do not need to be listed as motions, but the agenda must detail the subject to be covered at the committee meeting.
The notice to call a committee meeting must include an agenda stating the substance of issues to be considered.
It is accepted that the issues do not need to be listed as motions, but the agenda must detail the subject to be covered at the committee meeting. In Coronation Gardens [2007] QBCCMCmr353 the adjudicator relevantly provided:
“Fine detail is not required, but enough information for any lot owner to see that a subject in which he or she has an interest will be discussed eg. ‘Lot 12, application for pergola…”
It has similarly been accepted that the committee is not required to submit explanatory notes to accompany the motion, except where specifically provided for in the legislation.
Alternatively, if the subject of the motion is not included on the agenda, the committee may consider issues raised at the meeting itself (ordinarily noted as ‘other general business’). In 212 on Margaret [2010] QBCCMCmr163 the adjudicator relevantly provided (our emphasis):
“…I am of the opinion that there is no legislative requirement for all motions considered at a committee meeting to be ‘nominated’ or ‘submitted’ prior to the committee meeting. Rather, it is permissible for a motion to be determined at a committee meeting without first being ‘nominated’ or ‘submitted’ to the committee meeting agenda.”
There is an exception to this position, pursuant to section 57(3) of the Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld), which provides that the agenda must include the substance of the following motions:
- if there has been a previous meeting of the committee- a motion to confirm the minutes of the preceding meeting; and
- if the committee has passed, a resolution other than at a meeting of the committee—a motion to confirm the resolution.
Accordingly, unless the motion considers the above exceptions, there is no legislative requirement to list the precise terms of the motion in the agenda. There need only be sufficient detail to identify the substance of the issue to be considered.
This post appears in the October 2023 edition of The QLD Strata Magazine.
Holly Dunne
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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