Question: Can a building manager influence owners’ votes at an AGM by endorsing a committee candidate or contractor quote?
We have an upcoming AGM, and I’ve self-nominated for chairperson of the committee. However, the on-site building manager has sent an email to many owners expressing support for re-electing the existing chairperson. They have also indicated support for a particular job quote over another. I’m concerned the building manager has created a bias towards one nominee and one contractor.
Answer: There’s no prohibition on owners advocating for a committee nominee or a quote of their choosing.
While you’ve not actually asked a question, we’ll focus on your concern about ‘bias’ and ‘influence’. It’s an issue that comes up a lot.
Firstly, remember that your onsite building manager (aka, management rights (MR) holder) may also be a lot owner. This means they have an interest in what items are considered and voted on at the AGM. They’ll also be able to vote at that AGM if they’re an owner.
Putting that to one side, and focusing only on the MR holder perspective, Queensland’s strata legislation changed in 2024 to introduce a new provision in the Code of Conduct for MR holders, as follows:
- A body corporate manager or caretaking service contractor must not attempt to unfairly influence the outcome of an election for the body corporate committee.
‘Unfairly influence’ is not defined, and as far as we are aware, there are no published cases that consider the issue. So, it’s not possible to say what is and is not ‘unfair influence’. We’d also suggest that while the legislation prohibits ‘unfairly’ influencing, it doesn’t prohibit ‘fairly’ influencing.
Where does this leave you? There is nothing concrete, one way or the other, to say that what you’re encountering is or isn’t biased or unfair influence. If you feel strongly enough about it, you may wish to consider seeking legal advice regarding the provisions discussed above. Otherwise, you could consider discussing the matter with the MR holder (assuming you’re comfortable doing so). Finally, a point to remember: there’s no prohibition on owners advocating for a committee nominee or a quote of their choosing. So maybe you might like to consider doing some lobbying of your own.
This is general information only and not legal advice.
This post appears in the October 2025 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898