Question: Does an AGM need to be called by the secretary? Is it valid if another committee member calls the meeting?
Does an AGM need to be called by the committee secretary? If called by someone other than the secretary, does there need to be a motion authorising that to happen?
If no one is filling the position of secretary, but a committee member calls the meeting as secretary, would the AGM be invalid and need to be called again after a secretary is appointed?
Answer: Whatever pathway you choose, make sure it is fair and transparent.
In the absence of a secretary, a majority instruction from the existing committee members should be sufficient direction for the body corporate.
Owners often tie themselves up in knots worrying about whether they are adhering exactly to the legislation. In Queensland, the legislation has a neat requirement (Section 94(2) of the Body Corporate and Community Management Act 1997) that a body corporate must act reasonably in performing its duties.
This clause gives some leeway for you to act in response to circumstances, even if your actions don’t completely conform to the legislation.
So, what would be reasonable here? We don’t know all the circumstances, but presumably the meeting is required – perhaps to appoint a new secretary. And, someone is going to have to call that meeting. So who should that be? A majority of the committee, perhaps led by the chair or another appointed person, would be the obvious first choice.
Perhaps there are other options, but whatever pathway you choose, make sure it is fair and transparent. Advise owners of your actions and act in the best interests of the body corporate. If you do that, you will likely find that most people are happy with the action taken.
And, if someone does decide to dispute the decision, so be it. That is their right, and all decisions can be subject to a challenge, but the challenger will need to show that you have acted unreasonably given the circumstances. And remember that all you are doing here is calling a meeting. Owners will still make the final decisions at the meeting, and that is what matters.
For further reading, Grace Lawyers has a nice article on considering the standards of reasonability: Navigating Decision-Making Whilst Acting Reasonably.
This post appears in the September 2025 edition of The QLD Strata Magazine
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924