What does the Law say:
Unit title developments:
- With nine or less principal units may form a body corporate committee;
- With ten or more principal units must form a body corporate committee, unless the body corporate decides not to by special resolution.
A body corporate committee is a subset of the body corporate and is elected by the body corporate. The body corporate may delegate some of its duties and powers to a committee; particularly duties that relate to the administration and management of the development. The body corporate committee must report regularly to the body corporate on its activities.
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Glaister Ennor – Article. May 2012
Click here for a full copy of the Unit Titles Regulations 2011:
How are committees elected? Click here
Regulation 24 of the Unit Titles Regulations 2011 sets out the procedure by which a body corporate nominates and elects members onto the committee. In short, this is done at the Annual General Meeting (AGM).
Click here for Regulation 24
Responsibilities of the Committee
When the body corporate elects a committee it needs to resolve what they are empowered to do. A body corporate may decide to delegate all the powers and duties of the chairperson (click below for a list) to the committee, this then allows them, by majority vote, to carry out maintenance and make decisions on the running of the body corporate and to work with the Body Corporate Manager to ensure that the complex is well maintained and well run.
Responsibilities of a body corporate chairperson
The Unit Titles Regulations lists a number of duties that a chairperson has. The body corporate could delegate some or all of these tasks to the body corporate committee, if there is one. Click here to view the duties of a body corporate chairperson.
Model Operational Rules
Download a copy of the Law Society Model Rules here …
Although all owners corporations and their members must abide by legislation, they may also create their own additional rules at their first meeting or amend current rules at a General Meeting. These rules apply to both owners and tenants and must be provided to tenants and occupants. Rules may be changed or abolished and new ones introduced by an owner at a General Meeting, the proposed changes must be listed on the agenda.
Operational Rules generally apply to the following areas:
- The appearance of units.
- Common area use – parking
- Damaging common property
- Obstructing common property.
- Littering common property.
- General garbage disposal.
- Clothes drying
- Storing dangerous goods.