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QLD: The First Virtual General Meeting Has Been Challenged

qld virtual meetings

This article about the first challenged virtual general meeting in QLD has been supplied by Todd Garsden, Mahoneys.

The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings during the COVID-19 restrictions.

In summary:

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Ultimately, at least on an interim basis, the adjudicator found that:

“There is just not a prima facie argument that owners will not be able to exercise a fair vote, and ultimately, that is what we are concerned with when looking at body corporate elections.”

We successfully argued that no owner had suffered (or was going to suffer) any detriment as a result of the way the meeting was being held because the committee took significant steps to ensure that no owner was disadvantaged by the failure of the body corporate to strictly comply with the legislative requirements of holding meetings. As examples, the committee:

This is an important decision for general meetings held during COVID-19 that may have been conducted by a modified procedure which did not strictly meet the legislative requirements.

Although this decision has only been made on an interim basis it provides some relief that a common sense approach is being applied by the Commissioner’s Office to these types of matters.

The key takeaway from this decision is that owners must be provided with the ability to fairly cast a vote at their general meetings and the Commissioner’s Office will not intervene if no disadvantage has been suffered that affected an outcome.

Mahoneys were engaged early by this committee and we were able to successfully guide them through this significant event.

This post appears in Strata News #363.

Have a question about the validity of virtual general meetings in QLD or something to add to the article? Leave a comment below.

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Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753 W: https://www.mahoneys.com.au/

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This article has been republished with permission from the author and first appeared on the Mahoneys website.

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