Procedural & Governance Issues
The Body Corporate and Community Management Act 1997 is very prescriptive in terms of what a Body Corporate and committee must do, and sets limits around choices that can be made at each level of authority.
There are many rules around meeting procedures and the like. There are also gaps in the legislation that have been filled with decisions from the Commissioner’s Office and higher courts.
As examples, did you know that:
- There is no scope for ‘general business’ discussion at an AGM?
- There is no statutory right for owners to talk to motions put up by them from the floor of a meeting?
Most bodies corporate allow this. Handled right, it can be done. Handled wrongly, it can lead to issues.
We regularly advise clients on issues such as:
- spending limits;
- types of resolution required;
- ruling motions out of order;
- requisitioning of general meetings;
- issues of procedural fairness;
- timing and manner of notices to owners;
- validity of committee nominations;and
- meeting procedures generally.
We can attend committee and general meetings (with the right authority) to provide support and assistance to chairpersons and owners. We have done this at dozens of meetings over the years and can add value in the right circumstances.
Strategy is all important. In some instances engaging with a difficult party before a meeting might be appropriate. In others it might not. Understanding how the law works and how the Commissioner will view issues is all important.
Examples of articles where we talk about these issues: