The Committee

The committee is a group of owners elected to make decisions on behalf of the body corporate. As body corporate managers we work closely with the committee to implement their decisions.

The committee can be made up of a minimum of 3 and a maximum of 7 members.

Yes – The body corporate is legally obliged to elect a committee each year at the AGM.

If the body corporate fails to elect a committee, then the body corporate must appoint a body corporate manager to take over the management in full under a Part 5 Agreement via general meeting vote.

The roles on the committee are:

Chairperson

• The chairperson chairs the body corporate meetings, rules motions out of order and is a signatory on important documents
• Stratacare can facilitate running meetings on behalf of the chairperson if requested.
• The chairperson is usually 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 more authority than anyone else on the committee.

Secretary

• The secretary has responsibility for issuing and receiving documents, counting votes, and is a signatory.
• Stratacare can carry out nearly all of the legal functions of the secretary, for example managing all correspondence and voting.

Treasurer

• The treasurer is responsible for overseeing the body corporate’s financial business
• Stratacare can carry out nearly all of the functions of the treasurer, including all banking, levy management, creditor payments etc.
• The treasurer is responsible for checking invoices before they are paid, using an email approval system.

Ordinary committee member

• Ordinary committee members have an equal vote on committee matters, but they do not have any other special or executive functions.

Non-voting members

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

The committee has very broad decision-making powers, but there are restrictions.

Common restrictions include:

• Decisions that have a significant change to the rights, privileges or obligations of owners
• Setting levies
• starting a legal proceeding, unless it is
  • to recover a liquidated debt against the owner of a lot
  • related to a proceeding where the body corporate is already a party
  • for an offence under the by-law contravention provisions of the Body Corporate and Community Management Act 1997
  • a dispute resolution application lodged with us
• decisions that must be made by ordinary resolution, special resolution, resolution without dissent, or majority resolution
• Engaging contractors for longer than 12 months as a general meeting vote is required.
• Spending above the committee spending limit (the limit differs for each body corporate)
• Paying money to committee members unless it is
  • less than $50 incurred by a committee member attending a committee meeting
  • not more than $300 reimbursed to a committee member in a 12-month period.