Removing a member from the body corporate committee

Hello,

Anyone here had experience with this process? What's the deal?

I'm wondering if a breach of the code of conduct would be enough to remove this person from the committee regardless of how much votes they may receive.

Basically they have made modifications to the exterior of a lot without anyone's approval, which from my understanding is in breach of the below areas under the BCCM Act 1997:

Schedule 4 By-laws

5 Damage to common property
(1) An occupier of a lot must not, without the body corporate’s
written approval, mark, paint, drive nails, screws or other
objects into, or otherwise damage or deface a structure that
forms part of the common property.

8 Appearance of lot
(1) The occupier of a lot must not, without the body corporate’s
written approval, make a change to the external appearance of
the lot unless the change is minor and does not detract from
the amenity of the lot and its surrounds.


In addition to the above


Schedule 1A Code of conduct for committee
voting members

3 Acting in body corporate’s best interests
A committee voting member must act in the best interests of
the body corporate in performing the member’s duties as a
committee voting member, unless it is unlawful to do so.


Is this enough to run with?

 

Almost certainly not if you're looking for a smoking gun.

If they've breached the bylaws on altering their lot, you would deal with them as with any other lot owner.

And regarding acting in the body corporate's best interests - how do you plan on proving that they haven't?

 

How would you deal with them exactly?

Well I guess by not obtaining the body corporate prior approval for exterior changes to the lot this would not be acting the best interests of the BC?

 

Do you have a management agency that helps with these things? Failing that, possibly legal advice is required.

I'm assuming you sit on the committee - which is why it surprises me a little that you don't know how to deal with breaches of bylaws or even who you need to speak to about figuring this out.

Seems like a pretty crappy argument. You should probably focus on the issue directly.

 

Hi thatbum,

Thanks for your advice but I'm not sure what to make of your tone.

I'm not a member of the committee and just a complete newbie with this stuff so just was looking for some friendly advice.

 

Ah well I'm more sympathetic with your position then. Look the first port of call would be to talk to the other committee members and the management committee. As well as the other lot owners who might be 'on your side'.

In the meantime, it would be useful to look up the relevant body corporate information/rights/responsibilities for the state that your complex is it. Is it QLD?

The 'tone' might be because what you are asking is very specific advice on what could be a very complicated situation - there is no straight answer. The best you can do if you are a beginner is to educate yourself on the 'normal' rights and responsibilities and then at least you can focus on what exactly the problem is with your committee.

At that point, it may need legal advice to take the matter further, but its very hard to say without extremely detailed information on your situation.

 

Sorry, you sound like exactly the type of person who should never be on a committee or even involved in strata. What you looking for, a gestapo badge ???

Bring up any issues the normal way, put it on the agenda if you do not get any response via normal methods, they may have gotten permission long before you entered the scene.

 

Thanks.

I'm not interested in joining the committee and can confirm there was never body corp approval.

Basically the tenant has made unapproved changes to the property and half the people in the complex which are on the committee simply don't care and failed to report it.

As the lot owner I've got nothing

 

If they all did nothing yet all know about it, then that may even be seen as approval, if it was long ago, may be hard to change, either way your a johhny come lately, does it really bother you that much ?

I mean, sure, if it directly effects you, then yeah, I would chase it too, but if it has existed long before you came on the scene and no one is worried about it & your not responsible etc, then.........

It just sounds like you want to exercise some power over someone, but that of course may not be the case, you have to decide yourself what to do, start by speaking to the strata manager.

 

Is the Owners Corporation managed by an OC manager?
If so then they would be the first point of contact for you if you have issues. If the alterations detract from the complex and are unsightly then if i was an owner i would not be happy either

 

Gregster, a good start would be to join the committee. On top of this, as @dabbler mentioned, put it on the agenda for the next AGM so the owners Corporation can take a vote to get the strata manager to address the issue.

 

Thanks guys,

Waiting until the next AGM is way too long plus the committee members either don't care or are unaware that the modification broke body corp rules and the law.

I've confirmed the building modification is illegal and a safety risk, is it possible to have this immediately rectified regardless of what the committee has to say?

Do I just go straight to the BC manager?

 

Bring it to the attention of council. It might open a can of worms.

 

Yeah, you can go to council if it is illegal.

 

Basically the answer is no. You need to go through the proper procedures. Are you even reading what you're writing down? "Regardless of what the committee has to say?" - The committee represents the owners, who in turn jointly own the common property.

 

So your issue is that you weren't notified.
Is there any issue with the works?
Is it out of place? Share some photos and explain why you're annoyed.

 

Congratulations for bringing this up. This is a good starting point of recovery: being inquisitive. I was in the similar position yonks ago, and boy, it's a long journey and I can now say I am pretty proficient in BC issues in Qld, for both sides of the fence.
Firstly I'd suggest you to consider joining the Committee, listen more and talk less in the beginning. I think you havent got your head around the different roles: Body Corp, Body Corp Committee, Body Corp Manager, Onsite Managers, Tenants, Lot Owners- they all have different right and powers and responsibilities.
I cant stress enough that it is in your best interest to participate in the Committee, and do not complain that you dont get paid. The opposite is sitback and let others run it for you. Not a good choice I'd say. I want to be in control, but of course be fair and reasonable.
All the best!

 

@Gregster , TB is right on the money. Going through the proper procedures, if you want to expedite this process, then call an Extraordinary Meeting of the Owners Corp and put whatever agenda items you have added to a vote.

Then you will find out if the other owners care or not...