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:

Committee resignations – what happens next?
Knowing your limits

Speak to our Team

If you have an inquiry or a question that we can help with, please contact us through the following form and one of our experts will be in touch with you shortly.

  • Drop files here or
    Max. file size: 64 MB.
    • This field is for validation purposes and should be left unchanged.

    Our Latest Body Corporate News

    They had technical issues last time, so Frank and Chris are re-broadcasting their by-law enforcement webinar. Get the details you need to know all about laying down the by-laws.

    Bodies corporate are becoming increasingly empowered when considering management rights assignments. We have seen more refusals of assignments of management rights agreements in the last six months than we have seen

    In the midst of the COVID-19 pandemic, the strata sector is facing some big issues. Perhaps the biggest challenge (this week at least) is how to manage body corporate levies

    When you need a Body Corporate lawyer for the first time many committee members find themselves in new and unfamiliar territory. When looking for a Body Corporate lawyer (whether it

    If you want to see what Chris Irons and I think about how strata communities should deal with Coronavirus / Covid-19, please watch this facebook live recording. You won’t find a set of

    Yes – that’s right.Chris Irons is starting with us, as reported in the Courier Mail. As the Commissioner for Body Corporate and Community Management for the past five years, Chris has been