Meetings | Queensland Community Living Handbook

Meetings

“Where Decisions are Made”

What are Owners Meetings

Owners meetings are called General Meetings as detailed in the BCCM Act. Every owner is entitled to submit motions for consideration at the meeting, to attend the meeting and to vote on motions included on the meeting agenda

General Meetings

A General Meeting may be:

the First Annual General Meeting which the original owner must call and hold
the Annual General Meeting or AGM is a compulsory meeting which must be held each year
an Extraordinary General Meetings or EGM’s are all general meetings that are not annual general meetings and they are called to discuss owners’ matters in between the yearly AGM

At every AGM owners consider:

the financial position of the Body Corporate’s accounts and budgets
raise funds for future operations from owners contributions
elect the Body Corporate Committee for the next year
vote on motion to be considered

Annual General Meeting Dates

AGM’s must be called and held within 3 months of the end of each financial year of the Body Corporate.
In the lead-up, to an AGM the committee must invite owners to nominate for positions on the Body Corporate Committee and submit motions for the meeting. The invitations must be given to all owners at least 3 weeks before the AGM date but not more than 6 weeks before the Body Corporate’s financial year-end.

Motions

Motions to be Considered

Decisions can only be made about motions that are included as an item of business on the agenda and stated in the voting papers sent to each owner with the AGM meeting notice.

Right to Submit Motions

Only owners and the Body Corporate Committee can submit motions.
One may also give the Body Corporate’s Secretary an explanatory note of up to 300 words about a motion.

Procedural Motions

In some circumstances those present at the meeting may propose

a Procedural Motion for the conduct of the meeting
a motion to amended motion
a motion to correct the minutes of the meeting

The person chairing the meeting can accept or reject the motion but they must give reasons for the ruling.
Those present who are entitled to vote may disagree and reverse the ruling.

Special Motions

These include motions that may only be considered once in the body corporate’s financial year.

For example:

o change the scheme’s regulation module
to amend a contract with a service contractor or letting agent

Other Special Motions

motions with alternatives that are similar motions on the same subject
the statutory motions which must appear at each AGM are:
- accepting the Body Corporate’s financial accounts
- whether or not to appoint an auditor
- adopting the administrative fund and sinking fund budgets
- fixing the owner’s contributions
- reviewing the insurance policies of the Body Corporate

At the Meeting

Records for Inspection

The Body Corporate Secretary must make available for inspection by voters:

the Body Corporate’s roll
a list of persons entitled to vote
all proxy forms and voting papers

Documentation for Meetings

At least 21 days before the meeting, a written meeting notice must be received stating the starting time and place of the meeting.
The advice will contain the following documentation:

· a meeting agenda, proxy form, voting paper showing the motions and the resolution needed

· secret voting papers for any motions to be decided by secret ballot

· administrative and sinking fund budgets with quotes for any major spending

· accounts for the body corporate with an audit certificate if necessary

· statement on meeting procedure and voting rights

· papers for committee elections which is always the last item of business for the meeting

Chairing the Meeting

If the Body Corporate Chairperson is present they must chair all general meetings.
If the Body Corporate Chairperson is absence the voters present may elect another person.
The scheme’s Body Corporate manager may chair the meeting only in special circumstances.

Meeting Quorum needed

Before the meeting can proceed a quorum of at least 25% of persons entitled to vote must be present.
A voter can be present in person, by proxy, by a written vote, or an electronic vote.
Generally, there must also be at least 2 individuals physically present.
Co-owners present is counted as 1 voter for a quorum.

If there is no quorum within the first 30 minutes of the scheduled start time the meeting must be adjourned to the next week for the same place, day and time.

The second meeting a week later does not have to have a quorum for the meeting to proceed.

Voting

Eligibility to Vote

To be eligible to vote one must be an individual whose name is on the Body Corporate’s roll as an owner or the representative or nominee of an individual or corporate owner.
A mortgagee in possession may claim the right to vote for a lot in place of the registered owner or their appointee.

If the owner owes a Body Corporate debt at the time of a meeting the owner may only vote on a Resolution Without Dissent and may not participate in choosing a member of the committee.

Caste a Vote

Voting on a motion can be done:

in person by a show of hands
by lodging a properly completed written voting paper for the meeting
by giving a properly completed proxy form to the secretary

A person can only cast one proxy vote.
The proxy holder can vote:

in a show of hands
by completing a written vote or by an electronic vote
by giving a properly completed electronic vote in the required format and time
provided the Body Corporate has approved its use of this format

Change way of Voting

The Body Corporate by Special Resolution may change the manner of voting and/or prohibit the use of proxies for specific matters or for all matters.

Proxy Vote

A proxy vote:

is irrevocable
cannot be transferred by the holder to a third party
lapses with time
must be given to a named individual and not just the “chairperson”

If at least one co-owner of a lot is present at a meeting a proxy given by another co-owner is of no effect.
There are also occasions when a proxy vote must not be used at a general meeting like voting on Majority Resolution.

Abstaining

A voter does not have to vote on every motion, this is “abstention from voting”.

Voting by Co-owners

If one or more co-owners are present at a general meeting the co-owners present vote as the owner of the lot.
However, if there is conflict in the votes cast by co-owners no vote may be counted for that lot on the motion being considered.

No Casting Vote

The Body Corporate Chairperson does not have a casting vote for resolutions at a general meeting and seconders for motions are not required nor does the mover of motion have to be present at the meeting.

Meeting Minutes

The person chairing the meeting must declare the result of the voting and have the results recorded in the minutes.
Copies of the minutes must be given to owners within 21 days of the meeting.

Resolutions at General Meetings

Decisions of the Body Corporate are made by passing various resolutions.
The type of resolution reflects the importance of the matter being decided.
When voting only one vote may be exercised for each lot.
If a secret ballot is required to decide the motion a Returning Officer must oversee the voting.

Procedural Motions

Ordinary Resolution
(no poll requested)

To Pass the Resolution

The votes counted for the motion must exceed the votes counted against the motion

Examples of Motions

To adopt the administrative fund and sinking fund budgets for each financial year of the Body Corporate.
To fix the discount allowed for the timely payment of contributions

Ordinary Resolution by Poll – the motion is decided by the value of the votes

The total of the contribution schedule lot entitlements for the votes counted for the motion must exceed the total against the motion

To resolve not to appoint an auditor to audit the accounts for the next financial year of the Body Corporate.

Ordinary Resolution
(no poll requested)

The votes counted for the motion must exceed the votes counted against the motion

To adopt the administrative fund and sinking fund budgets for each financial year of the Body Corporate.
To fix the discount allowed for the timely payment of contributions

Special Resolution

A “Trifecta” must occur.

At least two-thirds of the votes must be in favor of the motion; and
The number of votes against the motion must not exceed 25% of the lots in the scheme; and
The total of the contribution schedule lot entitlements for the votes against the motion must not exceed 25% of the total for all the lots

Resolution without Dissent

No vote must be against the motion

To approve a process to reinstate the building in whole or in part

Retention of Records

The Regulations recognize that the various meeting paperwork, records, documents have varying importance for the scheme and must be kept while they are relevant. The Body Corporate must retain minutes of general meetings and any document of current relevance to the scheme.

The Body Corporate must Keep for 2 years

associated general meeting material
such as committee nomination notices
motions submitted and any explanatory notes
proxy forms
voting tally sheets

The Body Corporate must keep for 6 years

meeting notices and agendas
written voting papers
ballot-papers
secret voting documentation
budgets
statements of accounts
auditor’s certificates
tender documents

Queensland Community Living Handbook

The information supplied on this website is general information only and as such any individual or company must seek their own professional advice, in relation to their own particular set of circumstances.

Copyright 2022. All rights reserved. Reproduction, distribution, or transmission, in any form, or by any means, of any of the contents of this publication without the written permission of the publisher Steve Reynolds is strictly prohibited.

Steve Reynolds e: qldclh@gmail.com PO Box 394 Surfers Paradise.4217