Meetings
AGMs, EGMs, committee meetings, voting rights, proxies and meeting procedure.
Meetings Questions
The vote threshold required depends on the significance of the decision: **Ordinary resolution** — more votes for than against. Used for routine matters: budget approval, routine spending, engaging contractors within limits. **Special resolution** — no more than 25% of votes cast can be against. Required for by-law changes and major improvements to common property. **Resolution without dissent** — no votes against at all. Required for certain exclusive use by-law changes and other matters affecting individual owners' rights. **Majority resolution** — more than 50% of all lot entitlements in the scheme voting in favour. Required for the most significant decisions such as terminating the scheme. Abstentions and absent votes are treated differently under each threshold — the body corporate manager can advise on how they are counted for a specific motion. This article is general information only and not legal advice.
Full answer →The Annual General Meeting (AGM) is the most important meeting in the body corporate calendar. Under the BCCM Act, it must be held within 3 months of the end of the scheme's financial year. At the AGM, owners: - Approve the budget and levy amounts for the coming year - Elect committee members - Vote on motions submitted by the committee or individual owners - Receive the previous year's financial statements You are not legally required to attend, but attending — or voting by proxy or written ballot — is the best way to have your say on how the scheme is run. Low owner participation means a small number of engaged owners can effectively control all decisions. Even attending the AGM and voting on the budget is far better than taking no interest at all. This article is general information only and not legal advice.
Full answer →Yes. A lot owner can request the committee to call a general meeting. If owners holding at least 25% of the lots in the scheme make a written request to the secretary, the committee is obliged to call a general meeting within the timeframe set by the relevant module regulation. You can also submit motions for inclusion on an existing AGM agenda — write to the secretary with your motion in clear terms, including your name and lot number, in time for the 21-day notice period. The secretary must include properly submitted owner motions on the agenda. If the committee refuses to call a meeting after a valid request, you can apply to the Commissioner for Body Corporate and Community Management for an order requiring the meeting to be held. This article is general information only and not legal advice.
Full answer →Yes. If you cannot attend a general meeting in person, you can appoint another person to vote on your behalf by giving them a written proxy. The proxy form must be submitted to the secretary before the meeting — the cut-off time is specified in the meeting notice. You can give your proxy: - Open authority to vote however they see fit, or - Specific instructions on how to vote on each motion There are rules about who can hold a proxy. For example, a body corporate manager, caretaker, or their associates are generally not eligible. Most module regulations also limit the number of proxies one person can hold. If you cannot attend and do not wish to give a proxy, you may also be able to vote by written or secret ballot on some motions — check the meeting notice. This article is general information only and not legal advice.
Full answer →Under the BCCM Act, lot owners must be given at least 21 days' written notice of an AGM. The notice must include: - The agenda and all motions to be voted on - Supporting information for each motion - Financial statements for the previous year - The committee's proposed budget - Voting papers If you do not receive proper notice, the validity of any decisions made at the meeting may be challenged. For an Extraordinary General Meeting (EGM), the same 21-day notice period generally applies, though some urgent matters may allow a shorter period with the agreement of all owners. Notice is typically sent by email or post to the address registered with the body corporate. Make sure your contact details are current with the body corporate manager. This article is general information only and not legal advice.
Full answer →A quorum is the minimum number of eligible voters required to be present at a meeting for its decisions to be legally valid. For a general meeting, a quorum is typically at least 25% of the lots in the scheme represented — in person or by proxy. For a committee meeting, a quorum is usually a majority of the committee members. If a quorum is not reached at an AGM, the meeting is adjourned and reconvened at a later date. At the reconvened meeting, decisions can generally be made regardless of how many owners attend. This means that in a scheme where most owners are disengaged, a very small number of active participants can effectively make all decisions. It is a strong reason to attend or submit a proxy even if you cannot be there in person. This article is general information only and not legal advice.
Full answer →These are two different types of meetings with different authority: **Committee meeting** — attended only by elected committee members. Deals with day-to-day management within the authority delegated by the body corporate. Decisions are by majority vote of members present. **General meeting** — open to all lot owners. Required for decisions outside the committee's authority, including: - Approving the annual budget and setting levies - Changing by-laws - Raising special levies - Spending above the committee's spending limit - Making improvements to common property - Electing committee members General meetings are the highest decision-making authority in the scheme. No committee decision can override a resolution properly passed at a general meeting. This article is general information only and not legal advice.
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