This article discusses when non-members body corporate meetings attendance is allowed, including who may attend committee meetings, speaking rights, and when non-members can be excluded.
Question: What are the rules around non-members attending a body corporate meeting? Can a non-member insist on attending a body corporate meeting? Can a non-member be restricted to attending only part of a body corporate meeting?
Answer: The person can only observe and speak only if invited by the committee.
A person who is not a member of the committee may only attend a meeting if:
- a majority of voting committee members who are present at the meeting invite the person; or
- the person is an owner of a lot (or an authorised representative of a lot owner) and written notice of the person’s intention to attend is provided to the Secretary no later than 24 hours before the meeting is held.
The committee may decide that the person must not be present for an item of business on the following matters:
- a breach of the by-laws for the community titles scheme;
- starting a proceeding, if the decision to start the proceeding is not a decision on a restricted issue for the committee;
- a proceeding against the body corporate; and
- a dispute between the body corporate and an owner/occupier, body corporate manager or caretaking service contractor.
The person must not be present for a vote taken by the committee on the item of business, or a discussion or vote taken by the committee about whether the person may be present.
The person can only observe and speak only if invited by the committee.
Alternatively, general meetings are open to all lot owners and their representatives (such as a person acting under a power of attorney, guardian, trustee, receiver or other representative authorised to act on the owner’s behalf).
This post appears in Strata News #573.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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