› Flat Chat Strata Forum › Strata Committees › Code Of Conduct by Committee Members › Current Page
el capitan – I can understand why you are attempting to create a code of conduct, however, they can be ‘toothless’ unless they are enforceable and contain a penalty for any breach. Are you able to insert a breach provision?
You may find useful the sections below which are from a QLD perspective. They are the Code of Conduct that is contained within QLD body corporate legislation; and the penalties for breaching the code of conduct. NB: On becoming a committee voting member in QLD, the person is taken to have agreed to comply with the code of conduct.
Body Corporate and Community Management Act 1997 – SCHEDULE 1A
— Code of conduct for committee voting members (section 101B and schedule 6, definition code of conduct)
1. 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.
(2) A committee voting member must not unfairly or unreasonably disclose information held by the body corporate, including information about an owner of a lot, unless authorised or required by law to do so.
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.
4. Complying with Act and this code
A committee voting member must take reasonable steps to ensure the member complies with this Act, including this code, in performing the member’s duties as a committee voting member.
5. Nuisance
A committee voting member must not—
(a) cause a nuisance on scheme land; or
(b) otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot or common property.
6. Conflict of interest
A committee voting member must disclose to the committee any conflict of interest the member may have in a matter before the committee.
Body Corporate and Community Management (Standard Module) Regulation 2008 – SECT 34
34 Notice for breach of code of conduct—Act, s 101B 34 Notice for breach of code of conduct—Act, s 101B
(1) If a body corporate believes a voting member of the body corporate’s committee has breached the code of conduct for the member, the body corporate may decide, by ordinary resolution, to give the member a written notice stating each of the following—
(a) that the body corporate believes the member has breached a stated provision of the code of conduct;
(b) details sufficient to identify the breach in not more than 600 words;
(c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;
(d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;
(e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.
(2) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (1)(c) to any other member of the body corporate.