Question: The committee is not following the legislation. Can I put a motion before the AGM requesting that the committee comply with the legislation?
Our committee conducts most of its business in closed “informal” meetings with no minutes distributed to the wider owners corporation or lot owners. Serious matters do not see the light of day.
The committee is aware it is not following the legislation but chooses to ignore it. The original developers, as owners and owner/occupiers, have two seats on the committee and heavily influence the committee’s actions. Only a third of lot owners vote or have any interest in the running of the building.
Can I put a motion before the AGM requesting that the committee comply with the legislation?
Answer: If the committee isn’t acting as it should, a complaint through the dispute resolution process is likely necessary.
Committee meeting minutes are not generally made available to owners by default, as they often contain sensitive or ongoing discussions that most owners are not privy to. Sharing these without context or understanding often invites criticism or questions, which take up time most parties don’t have.
A mechanism within the Act provides access to all committee and General Meeting minutes under Part 9 of the Owners Corporation Act 2006. These documents must be provided to a specified party upon reasonable request.
Putting a motion before the AGM to ensure the committee is compliant seems secondary to their obligations under the Act. In general, all members of an owners corporation are required to comply with the Act. The committee has additional obligations. Section 117 covers some of these. If the committee isn’t acting as it should, a complaint through Part 10 is likely necessary.
Joel Chamberlain
Horizon Strata Management Group
E: joel.chamberlain@horizonstrata.com.au
P: 03 9687 7788
Leave a Reply