Property problems: Owners must see body corporate rules enforced

Sunday 30 May 2004

By The Landlord

Q. I am an owner of a property that is part of a unit title development. The property is part of a larger commercial property comprising 39 factory units.

At the recent annual general meeting of the body corporate, only four owners attended. I was unable to attend. The body corporate secretary is a professional body corporate secretary and the chairman of the AGM was an employee of the secretary. At the AGM, two resolutions were passed:

1. Where any proprietor is not present at an AGM or extraordinary general meeting, then the body corporate secretary will act as proxy for those proprietors not present at the meeting; and

2. There will no longer be a body corporate committee and instead there will simply be an "informal" maintenance committee.

I am concerned about the two resolutions passed. Was the body corporate committee entitled to pass such resolutions? Are the two resolutions binding?

A. You have a right to be concerned. We believe the resolutions may be unlawful, and may be designed more to entrench the professional body corporate secretary than to serve the body corporate.

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