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Being a voting member of a body corporate committee is an important responsibility that requires integrity, fairness, and a commitment to serving the best interests of the scheme.
To ensure these standards are met, committee positions are governed by a legally binding set of rules, which define the expected behaviour and responsibilities of members. These rules are outlined in the Body Corporate and Community Management Act 1997 (BCCM Act), and all voting committee members must adhere to them.
If a committee member breaches the code – such as by acting dishonestly, misusing confidential information, or failing to declare a conflict of interest, owners or other committee members can lodge a complaint with the Body Corporate and Community Management (BCCM) Commissioner.
This article looks at the six key areas of the code of conduct for a body corporate committee.
1. Commitment to understanding the BCCM Act and code of conduct
A body corporate operates under specific laws, primarily the Body Corporate and Community Management Act 1997 (BCCM Act). To make informed decisions and fulfill their responsibilities, committee members must actively seek to understand:
- The BCCM Act and how it applies to their role.
- The body corporate by-laws, which govern how the community is managed.
- The committee’s responsibilities, including financial management, dispute resolution, and decision-making processes.
While no one expects committee members to be legal experts, they should be willing to learn and seek advice when needed. Training sessions, industry updates, and professional guidance from their body corporate manager can help them stay informed.
2. Honesty, fairness, and confidentiality
Committee members have a duty to act honestly and fairly when making decisions on behalf of the body corporate. This means:
- Making decisions based on facts and what is best for the community, rather than personal preferences.
- Treating all owners and residents fairly, without favouritism or bias.
- Avoiding conflicts of interest that could affect their decision-making.
Confidentiality is equally important for committee members, as they often have access to sensitive information. This can include owner contact details, financial contributions, complaints or disputes between residents, and legal matters involving the body corporate. Such information must be kept confidential and should only be shared if required by law.
3. Acting in the best interests of the body corporate
Committee members must always put the body corporate’s interests first when making decisions, including:
- Managing common property and finances responsibly.
- Ensuring by-laws are applied fairly to all owners and residents.
- Acting in a way that benefits the entire community, rather than specific individuals or groups.
If acting in the best interests of the body corporate would result in an unlawful action, the committee member must not proceed. For example, if a committee member is pressured to approve a decision that breaches the BCCM Act or by-laws, they must refuse and seek proper legal guidance.
4. Complying with the Act and code of conduct
Every voting committee member must take reasonable steps to comply with the law by:
- Following correct procedures when making decisions, such as voting and record-keeping.
- Ensuring meetings are conducted according to regulations.
- Acting within the committee’s authority and not making unilateral decisions.
Failing to follow the BCCM Act and code of conduct can result in disputes, legal challenges, or even removal from the committee.
5. Avoiding nuisance behaviour
Committee members must not engage in behaviour that causes a nuisance or disrupts the peaceful enjoyment of the property.
- Loud or disruptive behaviour during meetings or on common property.
- Harassing or intimidating owners, tenants, or fellow committee members.
- Using their position for personal gain or to settle personal disputes.
A committee member should always act professionally and respectfully, even if disagreements arise. If conflicts become heated, it is best to seek mediation or legal advice. See our article on dispute resolution.
6. Declaring conflicts of interest
A conflict of interest occurs when a committee member has a personal or financial interest in a decision the committee is making. Examples include:
- Owning a business that provides services to the body corporate.
- Having a close friend or family member involved in a contract under discussion.
- Being in a dispute with another owner and making decisions that could affect them unfairly.
If a conflict of interest arises, the committee member must declare it before discussions begin. In most cases, they should step back from voting on that matter to ensure fairness.
See our article on conflicts of interest in a body corporate.
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