This article about measures for handling the Coronavirus crisis for Bodies Corporate in QLD has been supplied by Jane Wilson, Acting Commissioner for Body Corporate and Community Management.
General information
Our office is receiving enquiries about how bodies corporate can carefully consider the impact of COVID-19 on their body corporate. This is not surprising given the nature of living in a community titles scheme.
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Bodies corporate and residents should consider what steps may be appropriate within their scheme to look after the interests of all residents and workers in the scheme.
Bodies corporate and their committees have a statutory obligation to act ‘reasonably’. Actions taken in response to the COVID-19 pandemic need to balance the rights of individuals with the needs of other owners and occupiers and the broader community.
Considerations may include:
- Reminding all residents, workers and guests of the importance of practising appropriate hygiene (such as handwashing) and social distancing.
- Asking residents diagnosed with COVID-19—or who are required to self-isolate—to alert the body corporate so other residents can be informed and take appropriate precautions. You need to balance the requirement for reducing others’ exposure with the individual’s right to privacy.
- any restrictions on the use of common areas (including facilities such as pools and gyms), particularly for anyone who is diagnosed with COVID-19 or is required to self-isolate.
Committee meetings
- It may be prudent for committees to avoid face-to-face meetings unless they are essential, and to practice appropriate hygiene and social distancing when meetings are held.
- There is no legislative reason why meetings cannot be held remotely; for example, by telephone, video conference, skype and similar technologies.
- The need for a quorum at meetings does not mean that committee members need to be present in the same room.
- A committee can also decide to vote outside committee meetings.
General meetings
- Bodies corporate, particularly in larger schemes, can consider deferring calling general meetings unless there is urgent or essential business to consider
- Bodies corporate are able to seek approval from an adjudicator for annual general meetings to be held outside the legislative timeframe, and this may be an option to consider. Please read Practice Direction 19 for further information.
- Where meetings are held, it may be appropriate to encourage owners to only submit voting papers (or vote electronically in those bodies corporate that have approved electronic voting) rather than attending the meeting personally.
- While the legislation requires a minimum number of persons to be ‘present personally’ at a general meeting to form a quorum, this will generally only be one or two persons (depending on the size of the scheme).
- All other voters could submit written votes and potentially also participate in the meeting remotely (for example, by telephone, video conference, skype or similar technologies) if the body corporate is able to facilitate such participation.
- Provided that bodies corporate make reasonable endeavours to comply with the legislative requirements for holding general meetings, instances of non-compliance that do not affect the voting outcomes will be unlikely to affect the validity of meetings.
- The statutory capacity to approve expenditure above the committee spending limit with the written consent of all owners, may reduce the need to call a general meeting in some cases, particularly in smaller schemes.
- In schemes registered under the Small Schemes and Commercial Modules there is also a capacity to approve any general meeting motion with a vote outside a meeting.
Maintenance of common property
- A body corporate must maintain common property in good condition.
- The body corporate may need to consider the need for additional cleaning of common areas and facilities if necessary.
The Office of the Commissioner for Body Corporate and Community Management
As a temporary measure, the Office of the Commissioner for Body Corporate and Community Management will conduct all conciliations via telephone to prevent any face to face contact or the need to travel on public transport for our clients. Otherwise it is business as usual and any changes to the status of the Office will be communicated via our Common Ground e-newsletter subscription, website and DJAG social media accounts.
For general body corporate information, contact the Commissioner’s Office on 1800 060 119 or www.qld.gov.au/bodycorporate.
Have a question about handling the Coronavirus crisis in a QLD body corporate or something to add to the article? Leave a comment below.
Read next:
- NAT: Coronavirus & Strata – What Does the Legislation Say? Not Much
- NAT: Apartment Owners Ask: Do We Still Need To Hold Meetings In Person?
Jane Wilson
Information Service Freecall 1800 060 119
Acting Commissioner for Body Corporate and Community Management
This post appears in Strata News #330.
This article has been republished with permission from the author and first appeared in the BCCM Common Ground newsletter.
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Hello. For a general meeting I see you notes that 2 people must be present. We just did a meeting electronic voting only. Does that remove the need for 2 to be present?
Hi Maria
The following response has been provided by Chris Irons, Hynes Legal:
Legislative amendments specifically addressing this issue are expected very shortly. It’s hoped they will clarify what you say, beyond any doubt. For now, the situation is this:
– A body corporate can resolve to have voting happen electronically
– If people can’t meet in person due to COVID, then that has to be taken into account and can’t be ignored
– If no one has suffered any great detriment and people’s ability to vote wasn’t severely disadvantaged, it’s highly unlikely an adjudicator would invalidate a meeting on a ‘technicality’
Hopefully there’ll be a much more definitive answer on this very soon.
Good Morning,
I have wanted to ask this question and hope I have found a suitable place. We live in a 9 apartment complex and I am on the Body Corporate. My son and I are the only 2 ppl that use our external pool area as we moved from SA and this March/ April weather is so great in QLD. I’ll repeat that we are the only people that use the pool area.
Another owner recently placed a closed sign on the pool and noted due to Covid 19 Health directive we can be fined for using it. They never used the pool previously and my son and I are the only ones that use it.
I understand that the Gov has mandated public pools be closed which I understand. But I also read that it is up to the Body Corporate (which I am on) to decide on closure of ‘common spaces’ and act reasonably in the interest of all residents and lastly to communicate and proposals through the body corporate.
Do we have to close the pool as apartments are classed as ‘Residential’ and residential buildings are to ‘operate as normal’ whilst maintaining social distancing??
Any input will be greatly appreciated as water play was a great way to burn 2hrs now my son is at home with us!! Cheers
Hi Ryan
We covered this question generally here: NAT: Q&A Closing Strata Pool & Gym Because of Coronavirus (COVID-19) and in more detail specifically for Queensland in this section of our recent live event: NAT: COVID-19 Q&A Session: Strata Living With the Coronavirus Crisis – The closure of swimming pools and gyms.
We hope this information is helpful.
All the best.
I am appalled at the BCCM Commissioner’s reply to my concern about social distancing and the casual dismissal of my recommendation that during the pandemic period, all General Meetings be conducted solely by voting paper. I thought they got paid big bikkies for having nouse – sadly I seem to have been dreaming.
Their office attitude was “suck it up” we are not relaxing the rules even though the rest of Australia is taking drastic measures. Their advice was just that if you can’t form a quorum, adjourn the meeting for 7 days as is what happens under Legislation.
I emailed the Premier’s office about the BCCM attitude and got the usual courteous reply, they will look into it.
With Chris Irons working with you, perhaps he could have a word with the Acting BCCM Commissioner and explain in plain English that they are not a dictatorship and must fall in line with the edicts of the Australian Gov’t, one of which is that gatherings will be restricted to 2 people. They are also thumbing their nose at the Qld. Senior Health Officer.
They should realise that Bodies Corporate want to get their AGMs over with ASAP and don’t want a 7 day adjournment, and with a stroke of the pen, the BCCM Acting Commissioner could allow voting paper only meetings for the duration of the pandemic.
Regards,
Bruce Veale
A Body Corporate Chairman & ex BCM.
If a Committee meeting is to be held by teleconference because of COVID-19, presumably any owner is entitled to listen in as if they were attending a face-to-face meeting.
This query has now been addressed on this post: QLD: Q&A Teleconference Committee Meetings. Can Lot Owners Listen?
I am logged in but cannot find out how to download a pdf of this article.
Hi TonyP
We are having issues with PDFs at the moment. We have a development team looking at a fix. I will email you through a PDF of this article as soon as it is available.
All the best!