FAQ - Body Corporate Overview
What Is The Difference Between a Committee Meeting, An Annual General Meeting (AGM) And An
Extraordinary General Meeting?
•Only the Committee can vote at a Committee Meeting.
•All owners are invited to attend and vote at a General Meeting (either Annual or Extraordinary).
•Every Body Corporate MUST hold an Annual General Meeting each year.
•Extraordinary General Meetings are only held if there is an important decision to be made that cannot be made by the committee and cannot wait until the Annual General Meeting. These meetings are rare, most body corporates will go many years without needing one.
When Is The AGM Held?
The Annual General Meeting must be held within three months of a body corporate’s end of financial year. NOTE – each body corporate has their own financial year, they do not all end on 30 June.
How Do I Know A General Meeting Is Being Held?
All owners will receive a notice of a meeting. This must be sent at least 3 weeks prior to the date of the meeting via post.
The notice includes a voting paper, which sets out the motions to be considered at the meeting.
I Want To Put A Motion To The Owners - Can I Do This At A Meeting?
You cannot move a motion from the floor of a General Meeting (with very limited exceptions). The agenda for the meeting is fixed when the notice is circulated. If you wish to put a motion to the owners for consideration, you need to do this when motions are called for the agenda (3-6 weeks prior to the end of the Body Corporate’s financial year), or by asking the committee to include the motion before the notice is sent.
I Can't Attend The AGM In Person - Can I Still Vote?
Yes! There are many ways to vote. Because you receive the full text of any motions to be considered at a General Meeting, you do not have to be present at the meeting to have your say.
There are 3 ways to vote:
Attend the meeting in person
Complete the voting paper sent to you with the notice of meeting (this is where you vote “yes”, “no, or “abstain” to each motion and return the voting paper)
Appoint a proxy (however there are many limits as to who you can appoint as a proxy and how to do this, so you need to be careful if choosing this method).
DO I Have To Vote?
No, you do not have to vote. However, if you do not vote at a meeting, the decision is made by the other owners who do vote, and you are bound by their decision. Your direct consent does not have to be given.
This means that if there are 200 lots in a scheme, and only 3 people vote at the AGM, then those 3 people make decisions that the other owners are bound by. For example, they can approve maintenance work to be done, increase the levies or change by-laws.
The Annual General Meeting is only held once a year, for about an hour and a half. Considering that your unit is an investment worth anywhere from $150,000.00 to millions of dollars, and it may also be your home, finding a couple of hours in a whole year to check what is going on and have your say is a pretty small inconvenience. Remember, you do not even have to attend the meeting in person – there are many other ways to have your say.