26 June 2023 Body Corporate Committee Meeting minutes.

The minutes of BC Committee Meeting minutes are a vital means of communication between committee and owners. Especially so with the current BC committee which is notorious for poor and sometimes non existent communication with lot owners. The Commercial Module Regulations, which we are governed by, order that committee meeting minutes are to be distributed within 21 days of the meeting. Which means Monday 17 July 2023. They have not arrived.*
BCCM Act:
"Secondary objects (h) to ensure accessibility to information about community titles scheme issues;"
The last 3 BC Committee Meeting minutes have been late and in one case was hidden behind the 2022 AGM minutes, 62 days after the 8 September meeting.
By holding back BC Committee Meeting minutes the BC Committee are not only in breach of the regulations but the BCCM Act itself.
*Addendum: The Committee Meeting minutes arrived on Tuesday 8 August 2023, 23 days late.

Extraordinary General Meeting (EGM)

We as lot owners are the Body Corporate (BC). Under the BCCM Act and Commercial Module regulations there must be a committee. The committee represents the BC and can make day to day decisions for it.
How do we do elect a committee?
Problem. Since 2016 when the scheme's regulation module changed from Accommodation to Commercial, Committee elections have not been conducted the right way.
Lot owners decide how Committee elections are conducted by voting on a motion and passing it by special resolution at a general meeting. That hasn't happened yet but there is about to be an attempt, "in the near future", to quote the BC secretary at the 26 June 2023 BC Committee Meeting.
We can expect a Notice of Extraordinary General Meeting at least 21 days before the next Annual General Meeting (which must be held within 3 months of the BC's end of financial year and that is 31 October 2023).
When the Notice of EGM comes Lot owners should look carefully to see if the proposed motion meets the requirements of the:
"Commercial Module Regulation 14:
(2)The election must be conducted in the way decided by the body corporate by special resolution.
(3) A way decided by the body corporate under section (2) must be fair and reasonable in the circumstances of the scheme."

What is a special resolution?

There are 3 aspects for a motion to pass by special resolution.
1. At least two-thirds of the votes cast are in favour of the motion; and
2. The number of votes counted against the motion are not more than 25% of the number of lots included in the scheme (in our case 34.7); and
3. The total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contibution schedule lot entitlements for all the lots included in the scheme (in our case 500 with most lot entitlements being 13 = 38.5).
It is up to us to determine if the wording of the motion is fair and reasonable in the circumstances of the scheme.