Body corporate committees do not always need to hold a committee meeting to make a decision. A motion can also be decided outside a committee meeting, commonly referred to as a Vote Outside Committee (VOC) or flying minute.
A VOC can be useful when a committee needs to make a decision between meetings. However, the matter must still be within the committee’s authority, and the relevant notice, voting and record-keeping requirements must be followed.
This article primarily explains the process under the Standard Module. Similar provisions apply under the Accommodation and Commercial Modules, while different arrangements apply under the Small Schemes and Specified Two-lot Schemes Modules.
What is a Vote Outside Committee?
A VOC allows committee members to vote on a motion without holding a committee meeting.
Only committee members who are entitled to vote decide the motion. Owners do not vote on the VOC, although they must generally be advised of the motion at the same time it is given to committee members.
Using a VOC does not give the committee any additional decision-making powers and the matter must still fall within its decision-making authority. Restricted issues that require approval at a general meeting cannot be decided by VOC, and applicable spending limits and quotation requirements still apply.
How does a VOC work?
The process under the Standard Module generally involves the following steps.
1. Give notice of the motion
Written notice of the motion must be given to all committee members. At the same time, advice of the motion must generally be given to owners who have not opted out of receiving committee meeting advice. The motion should clearly state what the committee is being asked to decide. Relevant supporting information should also be provided to committee members where required.
2. Committee members vote
Committee members who are entitled to vote can submit their vote in writing. For the motion to pass, more than half of all committee members entitled to vote must agree to it. The result is not simply based on a majority of the votes that happen to be returned. For example, if five committee members are entitled to vote, at least three must vote in favour for the motion to pass.
3. A decision is reached
Generally, the committee has 21 days after notice of the motion is given to reach a decision. If a decision is not reached within that period, the motion is taken not to have passed. An exception applies to pet requests, which may be deemed approved if they are not decided within the applicable timeframe.
4. Record and distribute the decision
The committee must keep a full and accurate record of the motion and voting outcome.
The record must include:
- the wording of the motion
- the date notice was given
- the committee members who received notice
- the committee members who voted
- the number of votes for and against.
The record must generally be distributed to committee members and owners who have not opted out of receiving committee records within 21 days after the decision. The resolution must also be confirmed at the next committee meeting.
When can the committee act on the decision?
A passed VOC cannot necessarily be acted on immediately.
Under the Standard Module, owners representing at least half of the lots in the scheme may, in certain circumstances, oppose the committee’s decision. For many committee resolutions, the committee must therefore allow a seven-day owner-opposition period to expire before implementing the decision.
There are exceptions, including certain emergency, routine administrative, previously authorised and animal-related decisions.
Committees should check whether the opposition period applies before acting on a VOC decision.
Can a VOC be used in an emergency?
Yes. Different procedures can apply when a decision needs to be made in an emergency.
In these circumstances, notice only needs to be given to as many committee members as it is practicable to contact, and voting may be conducted using an appropriate form of communication.
Owners must still be advised of the motion as soon as practicable.
What types of decisions can be made by VOC?
A VOC can be used for matters that fall within the committee’s decision-making authority.
Depending on the circumstances, this could include:
- approving repairs or maintenance
- considering expenditure within the committee’s authority
- responding to an owner’s application
- dealing with administrative matters between committee meetings.
Where expenditure is involved, the committee should check the applicable spending limits and quotation requirements before approving the motion.
A VOC cannot be used to bypass the normal limits on committee decision-making. If a matter is a restricted issue, exceeds the committee’s spending authority or otherwise requires approval at a general meeting, it cannot be approved simply by using a VOC.
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