| Must have a Committee | |
| There must be a committee appointed even if a body corporate manager is engaged unless subsection (2) applies | Reg 7 (1) |
| There is no committee if the body corporate engages under engagement of body corporate manager to carry out functions of committee and executive members – Act, Section 122 a body corporate manager to carry out all of the functions of the committee | Reg 7 (2) |
| Composition of the committee? | |
- The committee consists of the chairperson, secretary and treasurer ("executive"), and ordinary members.
- The same person may occupy 1, or 2 or all 3 of the positions of chairperson, secretary, and treasurer, at the one time.
- Non voting members caretaker/service contractor (Reg 12)
| Reg 9 |
| Number of members | |
| There must be at least 3 members but not more than the number required. If there are less than 7 owners the committee must consist of not more than the number required . | Reg 9 |
| Eligibility for committee membership | |
- Must be a member of the body corporate
- If the nominating entity is an individual - a member of the individuals family
- If the nominating entity is a corporation - a director, secretary or nominee
- an individual who owns a lot, or who is nominated by an owner of a lot
| Reg 10 |
| Co-Owners of a lot | |
| If the co-owners only own one lot, they both cannot be on the committee at the same time. Unless, it is necessary to bring the total number of voting members to 3 | Reg 11 |
| Term of office of committee member | |
| A member holds office until another person is elected to the position they hold. - However a members position becomes vacant if the member:-
- Ceases to be a member of the body corporate
- Was not a member of the body corporate and nominator ceases to be a member
- Members must be elected each year at the AGM
| Reg 33 |
| Remuneration, allowances and expenses | |
| The committee may only reimburse member's expenses up to $50per meeting and not more than $300 in a 12 month period | Reg 43(2) |
| Committee's general functions | |
| The committee must administer the common property and the body corporate assets, including enforcing the by-laws - the committee may fix an interim contribution to be levied on owners. | Sec 94 |
| Spending limits imposed on the committee | |
| The committee is limited to an amount being $200 multiplied by the number of lots in scheme - (above this amount requires an ordinary resolution or written consent of all owners or for an emergency an adjudicator's order.) | Reg 151 |
| Calling committee meetings | |
| A meeting may be called by the secretary, or if the secretary is absent by the chairperson, or if both are absent by another committee member, with the agreement of at least 50% of the voting members of the committee. | Reg 44 |
| The Act implies that at least one committee meeting should be held each year, at which the committee are required to prepare the budgets and the agenda for the AGM. | Reg 76 |
| Notice for committee meeting | |
| At least 7 days notice must be given to committee members, informing them of when and where the meeting is to be held. Owners must also be advised when and where the meeting is to be held, and must also be given a copy of the meeting agenda (unless they advise they don't want it) - individually and by being placed on the notice board (if there is one) at least 7 days before the meeting is to be held. | Reg 45 |
| Place of committee meetings | |
| Committee meetings must be held where the committee decides. The meeting must not be held more than 15km from the complex if 50% of members who make a quorum (50% of voters) object in writing. | Reg 46 |
| Agenda for committee meeting | |
| An Agenda ("substance of issues") must be sent with the meeting notice – other issues may be decided at the meeting. | Reg 47 |
| Chairing committee meetings | |
| The chairperson must chair all committee meetings at which the chairperson is present. If the chairperson is absent, a member chosen by the members present (only if the person agrees) must chair the meeting. | Reg 48 |
| Manager, contractor or letting agent | |
| Are non-voting members of the committee - they do not form part of a quorum – they cannot be the proxy for another committee member. | Reg 12 |
| Quorum for committee meeting | |
| Comprises at least 50% of the committee voting members – - a voting member who is present is counted as 1
- a voting member who is present & who holds proxies of 1 or more absent
- voting members is counted as 2 being,
- non-voting members are not counted.
| Reg 49 |
| Attendance at committee meeting –non member | |
| A lot owner or another person who is invited may attend a meeting | Reg 51(1) |
| A person who attends a meeting under subsection:- - may observe the meeting
- may speak to the committee if invited
| Reg 51(2) |
| Minutes of committee meetings | |
| The committee must ensure:- - Full and accurate minutes of the meeting are taken
- A full and accurate record of each motion voted on
| Reg 55 |
| All owners must be given a copy of the minutes within 21 days after the meeting (unless instructed in witting otherwise) | Reg 55 |
| Owners may oppose resolutions | |
| Requires a "notice of opposition" given within 7 days, signed by or for owners of at least 50% of the lots. | Reg56(1) |
| Giving effect to resolutions of committee meetings | |
| The committee may only carry out a committee resolution provided - - no "notice of opposition" is received,
- the matter is an emergency, and the amount is within the
- committee's spending limit or
- an adjudicator gave the authority to the committee, or
- the decision is ratified by ordinary resolution.
| Reg 57 |
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