A body corporate holds meetings to discuss and make decisions about matters affecting the unit title development, such as levies, insurance and repairs.

The body corporate holds meetings at least annually. These meetings are an opportunity for unit owners to exercise their collective property rights. The body corporate discuss issues of joint concern and unit owners vote on a range of matters affecting the development.

Meetings of the body corporate are either annual general meetings or extraordinary general meetings.

Annual general meeting (AGM)

An AGM must be held once every calendar year, and not later than 15 months after the previous AGM. The following matters are some examples of what may be discussed at the AGM:

  • the financial statements for the year
  • maintenance of the common property
  • insurance
  • other expenditure
  • the election or re-election of a chairperson
  • any service contracts.

The chairperson must call the AGM in accordance with the regulations.

The very first AGM of a new unit development must be held as soon as practicable but within 6 months of the earlier of the date of deposit of the unit plan or the date of settlement of the first sale of a unit.

Resolutions

A motion may be decided on at a general meeting of the body corporate by one of two types of resolution; an ordinary resolution or a special resolution. Resolutions can also be made without a general meeting. All resolutions must be recorded in writing.

Special resolution - A special resolution is required by the Act for decisions made by the body corporate which could have significant consequences for the unit owners, for example selling part of the common property, imposing levies on the unit owners or borrowing money. For a special resolution to pass, 75% of the eligible voters who vote on the resolution must vote in favour of the resolution.

Ordinary resolution - An ordinary resolution is used for all other decisions made by a body corporate at a general meeting, such as changes to the development’s operational rules. For an ordinary resolution to pass, a majority of the eligible voters who vote on the resolution must vote in favour of the resolution.

Resolutions without a general meeting - A resolution can be passed without a general meeting if it is signed by a majority of eligible voters for an ordinary resolution, or at least 75% of eligible voters for a special resolution. Notice of the resolution must be given to eligible voters.

Extraordinary general meetings (EGM)

A body corporate can also hold EGMs. An EGM can be held at any time throughout the year to consider any matter relating to the unit title development. For example, the body corporate chairperson or committee might need to get agreement from the body corporate to undertake repairs.

Calling an annual general meeting

The chairperson or body corporate committee must first send out a notice of intention to hold an AGM to each of the body corporate members. The chairperson or body corporate committee will then send a notice of AGM. If it is the first AGM for the unit development the body corporate will issue these notices.

A notice of intention to hold an AGM will tell members when and where the meeting will be held, invite nominations for elections and invite unit owners to propose discussion matters for the AGM. It must also remind owners they may not vote unless any levies or other amounts they owe to the body corporate have been paid.

A notice of intention to hold an AGM must be sent at least three weeks before the date of the meeting, or six weeks before if the development is a parent unit title development.

The notice of AGM will contain the agenda, as well as the text of any motions to be decided on by resolution and the names of candidates for election. The notice must also state procedures for voting by proxy or post and what happens if a quorum is not present. The notice of AGM will include a proxy form, postal voting form and copy of the recent year’s financial statements. It may include any other documents the chairperson thinks are relevant to help members participate in the discussion and cast an informed vote.

The notice of AGM must be sent at least two weeks before the AGM or three weeks before if the development is the parent unit title development.

Calling an extraordinary general meeting

An extraordinary general meeting (EGM) may be called by the chairperson or the body corporate committee (if there is one), and must be called by the chairperson if at least 25% of unit owners request it.

A notice of intention to hold an EGM only has to be issued if the purpose of calling the EGM is to hold an election (if the chairperson, a committee member or the subsidiary body corporate representative has resigned or is removed). In that case, the notice of intention must be issued two weeks before the meeting, or four weeks if the development is a parent unit title development.

A notice of EGM has to be issued any time an EGM is called and must be issued one week before the meeting.

EGMs can be called in emergency situations without following usual notice periods, provided the chairperson or body corporate makes reasonable effort to notify every unit owner of the meeting. 

Agenda for an AGM

At an AGM the body corporate must elect:

  • a body corporate chairperson
  • body corporate committee members (if there is a committee)
  • a subsidiary body corporate representative (if the development is a subsidiary unit title development).

The body corporate might also pass resolutions to do other things, for example upgrade facilities in the unit title development or renew a service contract.

The following matters are some examples of what may be discussed at the AGM:

  • the financial statements for the year
  • maintenance of the common property
  • insurance
  • other expenditure
  • any service contracts. 

Usually only matters that are on the agenda and have been sent out to unit owners in advance can be voted on at general meetings of a body corporate. However, the body corporate can vote on a matter that was not on the agenda if all eligible voters are present at the meeting. If not all eligible voters are present, those who are in attendance can still discuss the matter, and it may be included on the agenda for the next meeting.