Clear timeframes help lot owners, tenants and committees understand when a body corporate should respond. They can also reduce unrealistic expectations and prevent residents from waiting indefinitely.
This list does not cover every body corporate timeframe. Requirements can vary between regulation modules, so confirm which module applies to your scheme before relying on a detailed deadline.
How long does a body corporate have to make a decision?
The timeframe depends on the type of request and who has authority to decide it. A committee may deal with some matters, while others must be considered by the body corporate at a general meeting.
For example, the Standard Module sets a decision period for motions submitted to the committee. It also provides shorter periods for specific matters, including some animal approval requests and voting outside a committee meeting.
The process may also depend on whether the request is valid, whether further information is needed and whether the committee is allowed to make the decision. A committee cannot decide a motion that is a restricted issue for the committee, or one that would conflict with the legislation, regulation module or by-laws.
Planning when to submit a request can help it be considered in a timely way. Include the information needed to understand the request and keep a copy of what you submitted.
How long does a committee have to decide an owner motion?
Under the Body Corporate and Community Management (Standard Module) Regulation 2020, a body corporate member can submit a motion to the committee by giving it to the secretary.
The committee must decide the motion as soon as reasonably practicable and within 6 weeks after the day it is submitted. This is the decision period.
The 6-week period starts on the day after the motion is submitted. In practical terms, the submission day is not counted as the first day of the period.
A committee can request more time, but it must give the member written notice before the decision period ends. The notice must state:
- that more time is needed
- why more time is needed
- a reasonable period for making the decision.
The additional period cannot be more than 6 weeks after the end of the original decision period. This means the total period can be up to 12 weeks after the motion was given to the secretary.
If the committee does not decide the motion within the decision period or the permitted extension, the motion is taken not to be agreed to. This is a deemed outcome under the regulation. It is not the same as approval, and it does not necessarily mean the committee considered and rejected the merits of the proposal.
There are limits to this process. The committee may not have to decide a motion if the member submitted a motion about the same issue, or 6 or more motions, during the previous 12 months. Written notice explaining the reason must be given if the committee decides not to consider it.
A tenant who wants a committee decision about a matter such as a pet or parking should check the relevant by-laws and ask the owner or committee about the correct process. The 6-week owner-motion period should not automatically be treated as applying to every tenant request.
What shorter timeframes apply to committee decisions?
The 6-week decision period does not apply to every committee decision. Specific provisions can impose a different timeframe.
Voting outside a committee meeting
When a committee votes outside a meeting, committee members generally have 21 days after notice of the motion is given to return their votes. For a motion that does not relate to an animal request, it is taken not to be agreed to if the required decision is not reached within that period.
The committee does not always need to wait 21 days. The motion is decided earlier if a majority of all members entitled to vote agree, or if at least half do not agree.
Requests to keep or bring an animal
If the scheme’s by-laws require written approval to keep or bring an animal onto a lot or common property, the request must be made in writing to the secretary or chairperson. The committee must decide it within 21 days after the request is made.
If the committee does not decide the request within that period, the request is taken to have been approved. This is a specific deemed approval process and should not be applied to other committee motions.
The request still needs to comply with the relevant by-laws and any other applicable requirements. The committee must give written notice of its decision, or of the deemed decision, as soon as practicable.
Committee meeting notices
A committee meeting usually requires at least 7 days’ written notice to committee members. The notice period can be reduced to 2 days if all voting members agree in writing, or if they agreed to the reduced period at the last committee meeting.
This is the notice period for calling the meeting, not a guarantee that a request will be decided within 7 days. The agenda, quorum and authority to decide the matter can all affect when a decision is made.
How long do by-law complaints and engagement-transfer applications take?
If you believe another owner or occupier is breaching a by-law, the first step is generally to give the body corporate an approved notice, such as BCCM Form 1. This asks the body corporate to take action.
After receiving the form, the committee has 14 days to tell the complainant that a contravention notice has been issued.
If the body corporate does not respond or decides not to issue a contravention notice, the complainant may apply for conciliation against the person alleged to have breached the by-law. The complainant must first try to resolve the issue with that person. If a contravention notice has been issued but the complainant is not satisfied with the enforcement action, the complainant may apply for conciliation against the body corporate.
A different process may apply to an application about transferring a body corporate manager, service contractor or letting-agent engagement. Check the legislation and the scheme’s applicable regulation module before relying on a timeframe for that type of application.
You can read more about the process in our guide to enforcing by-laws.
How long can a general meeting decision take?
General meeting matters may take longer because they depend on the notice, agenda and meeting arrangements. A motion may need to wait for the next scheduled general meeting unless another meeting is called sooner.
A body corporate must hold an annual general meeting each year. For a scheme with a community management statement, the AGM must be held within 3 months after the end of the body corporate’s financial year. It must also be held at least 21 days after the meeting notice is given to lot owners.
The AGM agenda commonly includes matters such as the annual budget, annual contributions, insurance and committee elections.
A committee meeting can also take time to arrange. If enough committee members request a meeting in writing, it must be held within 21 days after the secretary or chairperson receives the request.
If your matter needs a general meeting, ask whether it has been placed on the agenda and when the meeting notice is expected to be issued. Tenants may need to ask the lot owner or committee how a motion can be put forward.
What should you do if the body corporate does not respond?
Start by checking how the request was made and when it was received. A written request sent to the correct person gives you a clearer record than a general conversation.
You can then:
- check the scheme’s applicable regulation module and relevant by-laws
- confirm whether the matter is for the committee or a general meeting
- ask when the matter will be considered
- request written reasons if the committee will not decide it
- keep copies of the request, supporting documents and correspondence
- follow up after the relevant period has ended.
For committee matters, ask for the decision or any extension notice in writing. You can also request the committee meeting minutes or record of a motion. The secretary must generally provide these to relevant owners within 21 days after the meeting, decision or deemed outcome.
If the issue concerns committee conduct or decision-making, our information about acting reasonably in committee decision-making may help. Where a by-law complaint has not progressed, follow the self-resolution and dispute pathway rather than assuming the complaint has been approved or rejected.
Knowing the relevant timeframe helps you plan requests, follow up appropriately and understand when a dispute pathway may be available. If you need help checking the process for your scheme, contact StrataCare at reception@stratacare.com.au.
