Queensland Body Corporate AGM: Timeline, Motions, Nominations and the 21-Day Notice

The short answer

• Motions for the AGM must reach the secretary before the end of the financial year (s 86(6)). A motion received later goes on the next general meeting where that's practicable (s 86(5)).
• Committee nominations also close at the end of the financial year. The secretary calls for them 3 to 6 weeks before year end (s 16).
• The AGM notice goes out at least 21 days before the meeting (s 91), with the agenda, voting paper, budgets, accounts, insurance details and committee ballot papers.
• The AGM must be held within 3 months after the financial year ends (s 83).
• Proxies can't be used to elect the committee (s 130(3)). Owners vote in the election in person or with the ballot paper sent with the notice.

The timeline

Counted from the end of your body corporate's financial year.

What goes with the notice

The AGM notice must include, or be accompanied by (s 87(3)):

• An agenda, including every owner motion and committee motion
• A voting paper for all open motions, with each motion worded exactly as submitted and the submitter's name and lot number (s 88)
• An explanatory schedule, with any owner's explanatory note of up to 300 words (s 90)
• Committee explanatory material, in a separate schedule (s 90(7))
• A proxy form, and a company nominee form for corporate owners
• Secret voting papers and envelopes for any secret ballot
• Committee ballot papers listing the candidates (ss 22, 27)
• The proposed administrative and sinking fund budgets (s 160)
• The statement of accounts (s 175)
• Insurance details (s 196)
• At least 2 quotes for any motion over the major spending limit (s 173)
• The register of reserved issues (s 230)
• Electronic voting instructions, if the body corporate has adopted electronic voting

The agenda must also include the statutory motions: the statement of accounts, the auditor (or, for a basic scheme, a special resolution not to audit), both budgets, contributions, and the insurance review.

Owner motions

• Who can submit. Any member of the body corporate, at any time (s 86(1)).
• No set form. The Standard Module doesn't require a particular form or signature. The motion just has to reach the secretary. It can be given personally, by post or electronically (s 221). Giving it to an authorised body corporate manager counts as giving it to the secretary (s 222).
• The committee must include it. It goes on the next general meeting agenda where that's practicable, worded exactly as submitted (s 86(5), s 88(6)). The committee can't rewrite it.
• Explanatory note. An owner can add a note of up to 300 words. Longer notes aren't included (s 90).
• Some motions only once a year. Changing the regulation module, changing a service contractor's pay, or adding an option to extend an engagement can only be considered once per financial year (s 86(7)).
• Nothing off the agenda. A resolution can only be passed on a motion that was on the agenda and the voting paper, apart from procedural motions and amendments (s 107(6)).

Voting

• Who votes. Owners on the roll, or their representative or company nominee (s 101). An owner who owes the body corporate money at the time of the meeting can't vote, except on a resolution without dissent or in the committee election (s 102).
• How. In person, by proxy, by written vote given to the secretary before the meeting starts, or electronically if the body corporate has adopted electronic voting by ordinary resolution (ss 104–106).
• Secret ballots. Required where the law says so, where the committee recommends it, or where the body corporate decides by ordinary resolution (s 108). A secret ballot needs an independent returning officer (s 112).
• Resolution types. An ordinary resolution is a simple majority (Act s 108). A special resolution needs at least two-thirds in favour, and not more than 25% against by number of lots or by contribution entitlement (Act s 106).

Proxies

• Limit. In schemes of 20 or more lots, one person can hold proxies for no more than 5% of the lots. In schemes of fewer than 20 lots, one person can hold one proxy (s 128(4)).
• Form. The approved form, naming an individual. A proxy can't be irrevocable or transferable (s 129).
• Expiry. A proxy lapses at the end of the body corporate's financial year, or earlier if it says so (s 129(1)(e)). It isn't a 12-month rule.
• When proxies can't be used (s 130(3)):
  • electing the committee
  • majority resolutions
  • engaging or authorising a body corporate manager, service contractor or letting agent, or changing or ending those arrangements
  • motions decided by secret ballot
• Who can't hold them. The original owner and the body corporate manager, or their associates, can't exercise proxies for others, with narrow exceptions (s 131).

Electing the committee

• Ballot. Committee elections are by secret ballot unless the body corporate decides on an open ballot by ordinary resolution (s 15). Ballot papers go out with the AGM notice, and written ballot votes must reach the secretary before or at the meeting (ss 22, 23, 27).
• Last on the agenda. The election is the last item of business, and the result takes effect when the meeting closes (s 31).
• Order. Chair, then secretary, then treasurer, then ordinary members (s 32). A sole nominee for an executive position is elected unopposed. If nobody is nominated, the chair calls for nominations at the meeting (s 35).
• Too few people. If an executive position is still empty or fewer than 3 voting members are elected, the elected members must call an extraordinary general meeting within a month, to be held within 2 months (s 41).

Quorum

• The quorum is 25% of voters (s 99). The body corporate can lower it to as little as 10% by special resolution. People who sent a proxy or a written vote count as present.
• At least 2 voters must attend in person if there are 3 or more voters.
• No quorum after 30 minutes? The meeting adjourns to the same time and place a week later. If there's still no quorum after 30 minutes, those present form the quorum, provided the chair is there in person (s 100).

Extraordinary general meetings

Owners of at least 25% of the lots can require the secretary to call an extraordinary general meeting. It must be called within 14 days and held within 6 weeks (s 84). The 21-day notice rule still applies. If the secretary doesn't act, the owners can ask another committee member to call it (s 85).

Common questions

When do motions have to be in for the AGM?

Before the end of the body corporate's financial year (s 86(6)). Check your financial year: it isn't always 30 June.

Can the committee change my motion?

No. It must appear on the voting paper exactly as submitted (s 88(6)). The committee can add its own explanatory material in a separate schedule.

Can the body corporate manager chair the AGM?

Only if the meeting elects them, or in a narrow case at an adjourned meeting (s 97). Otherwise the committee chair chairs.

Where UnitBuddy fits

UnitBuddy sends AGM notices and papers to every lot, with read receipts, and keeps motions, votes and minutes on the body corporate's record from one year to the next.

Further reading

Keep the scheme file in one place the committee and the manager can both open. Features, pricing, or book a tour.