Question: Where/if in the BCCM Act or Residential Module does it state that an owner can put forward, at the AGM, the names of multiple Body Corporate Managers (and their quotes) for engagement as BCM – thus giving owners a choice?
Answer: There is no reason why multiple quotes from body corporate managers can’t be submitted, and it may be a requirement to have more than one depending on the total value of the contracts being considered.
Under the Standard Module, Regulation 2020, Section 86 allows owners to submit motions for consideration at general meetings.
Copies of all modules are available online. You can find a copy of the standard module at: Queensland Government: Queensland Legislation
The relevant section is copied below for reference.
The question asks whether multiple quotes from body corporate managers can be submitted. There is no reason why not, and it may be a requirement to have more than one depending on the total value of the contracts being considered. In that case, section 89 on Group of Same Issue Motions may be enacted with regard to how the motions are listed and voted on.
Section 86 Opportunity to submit agenda motions
- A motion for consideration at a general meeting of the body corporate may be submitted at any time by— (a) a member of the body corporate; or (b) the committee.
- Subsection (3) only applies in relation to the first annual general meeting of a body corporate.
- If a motion is submitted by a member of the body corporate before the first annual general meeting, it must be included on the general meeting agenda if it is practicable to include the motion.
- Subsections (5) to (8) apply in relation to all other general meetings of a body corporate.
- If a motion is submitted, including by a member of the body corporate in response to an invitation under subsection (8), it must, subject to subsections (6) and (7), be included on the v49 [s 87] Body Corporate and Community Management (Standard Module) Regulation 2020 Chapter 4 Body corporate meetings—Act, section 104 Part 2 Administrative arrangements for body corporate meetings 2020 SL No. 233 Page 79 Authorised by the Parliamentary Counsel next general meeting agenda on which it is practicable to include the motion.
- A motion submitted by a member of the body corporate may be included on the agenda for an annual general meeting only if the secretary receives the motion before the end of the body corporate’s financial year immediately preceding the meeting.
- However, a motion of a following type must not be included on the agenda for a general meeting if the motion’s inclusion would result in the body corporate considering a motion of that type more than once in a financial year for the body corporate— (a) a motion proposing that a regulation module be applied to the community titles scheme that is different from the regulation module identified in the scheme’s community management statement; (b) a motion proposing that the remuneration paid to a particular service contractor be changed; (c) a motion proposing that the engagement of a person as a service contractor, or the authorisation of a person as a letting agent, be amended if, as a result of the amendment, the engagement or authorisation would include a right or option of extension or renewal.
- If a notice is forwarded to members of the body corporate inviting nominations for committee member positions to be filled at an annual general meeting of the body corporate, the members must also be invited to submit motions for inclusion on the agenda for the meeting.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924