Each year a Body Corporate must hold its Annual General Meeting, but what must go into the meeting agendas and who gets to decide
The Unit Titles Act 2010 sets out the matters a body corporate must vote on each year. These are things like, electing a Body Corporate Chairperson, electing a Committee or approving the annual levy contributions.
All other motions are discretionary and relate to the day-to-day objectives or general policy making of the body corporate. Examples of these are; raising special levies, approving capital improvement expenditure or changes to body corporate rules. The body corporate chairperson or the body corporate committee decides what motions are to be submitted on the AGM agenda.
Can I submit matters for voting on?
The Notice of Intention invites owners to propose matters for discussion at the meeting (Unit Titles Regulations 5(4)(e)). This is different to submitting matters for voting on. If an owner wishes to submit a motion to be voted on, the proposed resolution would need support of 25% or more of the unit owners and delivered to the Body Corporate Chairperson in accordance with the Unit Titles Act.
All matters for discussion submitted by the Unit Owners for are placed under General Business. These can only be discussed and cannot be voted on unless 100% of the legal owners are present at the meeting, fully paid up, and able to cast their vote.
A general guide for submitting matters for discussion
If you wish to propose matters for discussion, these matters should.
- Be relevant and relate to the body corporate’s objectives or its general policies.
- Be valid for discussion (i.e does not contravene the Unit Titles Act)
- Provide benefit to the meeting and the body corporate, and not be for individual gain.
- Not be of a personal or inflammatory nature to any member or attendee.
- Disclose any conflicts of interest.
- Reach the person preparing the meeting agenda before the close off date stated on the Notice of Intention.
In summary the Committee, or the Body Corporate Chairperson (where no committee has been formed) will decided what matters get placed on the meeting agenda.
Got a matter you would like voted on, but don’t know how to get it on the meeting agenda?
Talk to Everything Body Corporate to find out how.
