You’re a body corporate committee member, but what does that mean?
So, you’ve nominated for and accepted a position on the committee of your body corporate. What now?
In short, you’re now in a position of responsibility and power. You, together with the rest of your committee, are now responsible for:
- looking after the day-to-day running of your body corporate
- making decisions on behalf of the body corporate
- ensuring that the body corporate’s decisions are carried out.
Whilst you are a committee member, you must ensure that you comply with the Code of Conduct for Committee Voting Members. In fact, by becoming a committee voting member, you are taken to have agreed to comply with the Code of Conduct. The Code provides that:
- You are committed to acquiring an understanding of the Body Corporate and Community Management Act (the relevant legislation)
- In performing your duties, you must:
- act honestly and fairly
- act in the best interests of the body corporate
- take reasonable steps to ensure you comply with the relevant legislation
- not cause a nuisance on the body corporate’s land, or behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property
- You must disclose to the committee any conflict of interest you may have in a matter before the committee.
The most common decisions made by body corporate committees involve spending money which falls within the committee’s spending limit.
Some decisions you are prevented from making include:
- Spending money which exceeds the committee’s spending limit
- Setting or changing a body corporate levy
- Changing the rights, privileges or obligations of lot owners
- Commencing certain types of legal proceedings on behalf of the body corporate.
The most common decisions made by body corporate committees involve spending money which falls within the committee’s spending limit.
Where can you turn if you have questions regarding your responsibilities and powers as a committee member? If you have a body corporate manager, they will no doubt be an invaluable source of knowledge to you and your fellow committee members. The Office of the Commissioner for Body Corporate and Community Management also provides very helpful tools and information. See this link: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/roles-and-responsibility/what-we-do/
Of course, if there are any matters which are causing serious concern to you or the body corporate, you should obtain legal advice from a lawyer who practices in the area of body corporate law.
If you have a question about a body corporate matter, please get in touch with our lawyers who have a special interest in this area: Rhiannon Saunders on (07) 40461118 or Michael Huelin on (07) 40461177.