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Role of the committee

A body corporate must elect a committee at each annual general meeting. The committee is made up of lot owners or people who act for them.

The committee is in charge of:

  • looking after the administrative and day-to-day running of the body corporate
  • making decisions on behalf of the body corporate
  • putting the lawful decisions of the body corporate into place.

The committee can make decisions by calling a committee meeting or by voting outside a committee meeting.

Committee members

The following information applies to schemes under the:

  • Standard Module
  • Accommodation Module
  • Commercial Module

A committee must have at least 3 members.

If the community titles scheme has more than 7 lots, the maximum number of committee members is 7.

If a community titles scheme has less than 7 lots, the maximum number of committee members is the same as the number of lots. This is called the ‘required number of committee members’.

The committee will usually include a chairperson, secretary and treasurer (known as the executive). One person may hold all or any two executive positions.

For schemes under the Small Schemes Module, the committee consists of a maximum of 2 members. The committee will only include a secretary and treasurer.

One person may hold the positions of secretary and treasurer at the same time.

For schemes under the Specified Two-lot Schemes Module there is no committee.

Find out further information about forming a body corporate committee.

The chairperson

The chairperson must chair all general meetings and committee meetings which they attend. If the chairperson is not at a meeting, the voters who are there can choose another person to chair the meeting.

When chairing a general meeting, the chairperson’s duties include:

  • ruling a motion out of order if
    • it is unlawful or unenforceable
    • it conflicts with a bylaw
    • the substance of the motion was not included in the agenda for the meeting
  • declaring the results of voting on motions at the meeting
  • confirming that each ballot-paper is the vote of a person who has the right to vote in the election (where a ballot for a committee position is needed)
  • declaring the result of an election for a committee position.

If the chairperson rules a motion out of order they must give reasons, and give the meeting the opportunity to overturn their decision.

The chairperson does not have any more authority than anyone else on the committee.

The secretary

The secretary's duties include:

  • sending out notices for meetings
  • asking for and receiving nominations for committee positions at an annual general meeting. If a notice inviting nominations is forwarded to lot owners, the secretary must also invite owners to submit motions for the meeting
  • making up the ballot papers for the committee election, and sending the ballot papers and the other material with the meeting notices
  • having all of the following available to be viewed by voters at a general meeting
    • the roll
    • a list of the persons who have the right to vote at the meeting
    • all proxy forms and voting papers
  • receiving the completed voting papers for a general meeting
  • receiving the completed proxy forms for general and committee meetings.

Often the secretary will take the minutes of meetings even though the legislation does not require them to.

If the body corporate has engaged a body corporate manager, it may authorise the body corporate manager to carry out the secretary's duties.

The treasurer

The treasurer’s duties under the legislation are limited.

If there is no body corporate manager, the committee may ask the treasurer to create a reconciliation statement. If the body corporate passes an ordinary resolution at a general meeting, a statement must be prepared, within 21 days after the last day of each month, for each account kept for the administrative and sinking fund, showing the reconciliation of:

  • a statement, from the financial institution where the account is kept, showing the amounts paid into and from the account during the month
  • invoices and other documents showing payments into and from the account during the month.

A treasurer may prepare budgets, manage funds and prepare levy notices, however the legislation does not require them to.

If the body corporate has engaged a body corporate manager, it may authorise the body corporate manager to carry out the treasurer’s duties.

Non-voting members of the committee

If the body corporate engages a body corporate manager or a caretaking service contractor, they are automatically non-voting members of the committee. A non-voting member does not have a right to vote on a committee decision.

Restrictions that apply to committee decisions

The committee cannot make a decision about:

  • setting or changing a body corporate levy
  • a change to the rights, privileges or obligations of lot owners
  • a decision that has to be made by ordinary resolution, special resolution, resolution without dissent or majority resolution
  • starting a legal proceeding unless it is:
  • paying any money to committee members unless it is less than $50 incurred by a committee member attending a committee meeting and not more than $300 reimbursed to a committee member in a 12 month period.

See Sections 42 and 43 of the Standard Module (PDF, 1.0MB) for more information.

Committee spending limit

Committee spending is limited and money must be available in the budget before the committee can spend it. If there is not enough money in the funds the committee would have to think about calling a general meeting to amend the budget or to raise a special levy.

Read about how to remove a committee member from the committee for a breach of code of conduct or other reaons.

Further questions?

If you have further body corporate questions you can submit an enquiry or phone the information service on 1800 060 119 (freecall).

We cannot give legal advice or rulings—we can only give you general information on body corporate legislation.

Last updated
30 May 2016
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