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Same neighbor looking to renovate with 2 projects (swapping out garage panel doors to multi piece sectional lift doors x 2 of, and a enclosed balcony and internal refit) and I wonder for each that is commercially valued over the 3 grand spend max I see noted in the Act, can the committee just okay these if satisfied or do they need agm approval? That fact both finished projects will look different to the standard lots here, is my next question but this question relates to limits of a committee to ok to proceed.
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Queensland’s body corporate laws are so arcane and complex that I am reluctant to even offer a response. Fortunately I found this online which explains a lot.
It seems that changes to common property require a special resolution at a general meeting and that would seem to apply here. I don’t think that approval for something that changes the look of the building can be approved by the executive committee either.
Your committee really needs to get professional advice on this before anyone changes anything. But in most states, changes to common property and the look of the building require special resolutions at a general meeting.
And here are a couple of standard Queensland 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.
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There’s a lot of information about how committee members are supposed to behave, and what they’re allowed to decide, if you know where to look.
This, from the Qld Act (my emphases):
Section 100(5): The committee must act reasonably in making a decision.
Section 101 (2): the committee must put into effect the lawful decisions of the body corporate.
Section 101A: A committee member is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a committee member.Schedule 1A: Code of conduct for committee voting members
- Commitment to acquiring understanding of Act, including this code
A committee voting member must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the committee.
2. Honesty, fairness and confidentiality
(1) A committee voting member must act honestly and fairly in performing the member’s duties as a committee voting member.
From a Qld Government factsheet: Restrictions on committee decisions
The committee cannot make decisions about:
- changing the rights, privileges or obligations of lot owners
- decisions that must be made by ordinary resolution, special resolution, resolution without dissent, or majority resolution
I would be writing to the committee and telling them that now they know what they’re allowed to do, they will not be acting in good faith, and therefore will lose protection from personal liability, if they ignore the law. Previous erroneous decisions would be covered by ignorance, but future breaches would be negligence.
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I did make a comment under this post a few days ago not seen. Just bringing it to your attention.
Is it the one just above? Otherwise I fear it has fallen into a black hole of internet incompetence. Please resend if you have it on file.
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