Throughout Australia, the management of an owner’s corporation, body corporate or community title does not change in relation to “how things are done”. Nothing in a community living arrangement can be done without a decision. Decisions can only occur with a meeting.
When considering the legality of actions by strata schemes or community associations, we always look to the paperwork. Legislation has nationally set out a very clear procedural regime that needs to be followed for a decision to be passed. These include:
• Notice of the meeting, which includes the agenda;
• Whether the meeting has been conducted in accordance with the rules; and
• Whether the minutes reflect the outcomes of the meeting.
There is a line directly from the agenda to the decision. The notice of meeting must follow the guidelines set out by the various legislations and must include all items required by that legislation. The meeting must be then conducted in accordance with the rules. Finally, the minutes must reflect the notice of the meeting.
If you want to do something in a community living arrangement, you must always look to your legislation to ensure that you can do it. There must be a meeting, and you must identify who can make the decision. Whether it is the committee or the body corporation who can make the decision, is set out by the legislation. The legislation becomes your bible and the simple mechanism to follow.
We all hate meetings. Without meetings however, in a community living arrangement, nothing can be done.
This article was written by Bailey Compton, Principal Solicitor & Director at Leverage Group.
To get in touch with Bailey, please email firstname.lastname@example.org or call 1300 438 538