Ever thought about joining a Body Corporate Committee but not sure what’s involved? In this article we will explain in simple terms, the duties and functions of each position. These positions range from executive members to ordinary members and non-voting members.

To add context, we also include a brief background to how the Committee is elected, the minimum and maximum positions required to form a Committee and the general decision making authority level.

Committee formation and functions
The Body Corporate is required to elect a Committee at each Annual General Meeting from the eligible Lot Owners and/or their eligible representatives. Once elected, the Committee are charged with the responsibility of the day-to-day decision making of the Body Corporate on behalf of the community. Committee decisions do come with restrictions though, with any decisions that affect the rights, privileges and obligations of owners requiring general meeting approval.

It is worth noting that a Code of Conduct for members of the Committee exists within the Act, referring to members committing to understanding the Act, acting with honesty and fairness, and acting in the best interest of their Body Corporate when performing a member’s duties.

Committee composition
Generally, a Committee consists of a minimum of three (3) members, and no more than seven (7) members however, there are a few variations to these requirements depending on the regulation module and particular circumstances within the scheme.

Within a Committee, there are Executive Member positions with varying duties each is responsible for. There are also Ordinary Member positions broken into voting and non-voting categories explained in each of the following headings:

Chairperson
The Chairperson’s role is to chair all meetings they attend. If the Chairperson is not present at a meeting, the voter members who are present can choose another member to chair the meeting.

Outside of formal Committee meetings, it is usually the Chairperson who is the default voting member authorised to provide instructions to a Body Corporate Manager when engaged to carry out particular contracted duties.

The Chairperson does not have any more authority or responsibility than any of the other voting Committee members and any instructions issued to a manager engaged to act on behalf of the Body Corporate are required to be in accordance with lawful Committee decisions.

Secretary
The Secretary is responsible for a list of duties such as sending out meeting notices, collecting voting papers and receiving proxy forms for meetings and includes taking minutes of meetings.

If the Body Corporate has engaged a Body Corporate Manager, it may authorise the manager by agreement to carry out the secretary’s functions in addition to other services to be provided. However, the responsibilities of the role may not be delegated so it is the member elected to the position who is ultimately responsible.

Treasurer
Similar to the Secretary’s position, the Treasurer has a list of duties which includes tasks such as preparing budgets, managing funds and preparing levy notices.

If the Body Corporate has engaged a Body Corporate Manager, it may authorise the Body Corporate Manager by agreement to carry out the Treasurer’s duties required to fulfill the legislative obligations of the Body Corporate.

Ordinary Member
Unlike the Executive Member positions, Ordinary Members do not have specific duties. However, there are two categories of Ordinary Members, which are voting members and non-voting members. Voting Ordinary Members are eligible to vote on lawful Committee decisions.

Non-voting Ordinary Members are Caretaking Service Contractors and Body Corporate Managers when appointed, who are not eligible to vote on Committee decisions.

More information on each position can be found by review of Archers extensive FAQ’s library.

If you would like to learn more about the roles of the Committee and take steps toward fulfilling the code of conduct by committing to understand the Act, take a free course:

https://www.smartstrata.com/course/body-corporate-committee-in-queensland/

 

This article has been contributed by Lauren Spackman, Senior Strata Community Manager – Archers the Strata Professionals.

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