Body corporate matters

Our Experts Answer:

Conflict matters such as the one you have raised are prevalent amongst unit owners and body corporates. It is up to the owners when they appoint their executive committee (EC) members (also known as owners committee) to vote for those members whom they consider to be trustworthy, accountable and transparent. Owners with issues surrounding particular EC members need to discuss those issues with other members, and/or lobby for votes to remove that secretary from the committee or not vote for that particular person at the AGM when the EC members are next appointed, should they consider that that person is no longer fulfilling their duties with integrity and in the interests of the owners. Ultimately, if there are serious issues where the secretary is not appropriately carrying out his or her duties or acting in the best interests of the body corporate, an owner may file an application in the tenancy tribunal to have that secretary removed. In regards to proxy votes in favour of a body corporate secretary or committee member there have been a few high court cases that set a precedent, in these cases the judge ruled to void the proxy votes held by the body corporate secretary who voted for themselves retaining the management.  If you would like details please feel free to contact me directly.