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A Vote Outside Committee – VOC or VOCM, sometimes called a ‘Flying Minute’ is a legally recognised process that allows a body corporate committee to make binding decisions without holding a physical meeting. VOC is an essential tool for committees, particularly when members live remotely or need to make timely decisions.
This article looks at how VOC works, the process for passing motions, responsibilities for documentation, and practical examples of decisions that can be made using a VOC.
Note: This applies to Standard Module schemes. Two-Lot and Small Scheme Modules have different requirements.
What is a VOC?
A VOC enables committee members to vote on motions in writing rather than during a formal meeting. The decision made via VOC carries the same legal weight as a decision made at a committee meeting, provided legislative requirements are followed.
A VOC allows committee members to make decisions in writing without needing to be physically present. All committee members must be given the opportunity to vote, and once the vote is completed, the decision must be properly recorded and communicated to all owners to ensure transparency and compliance.
How VOC Works
- Draft the Motion: A clear, specific motion is prepared, including all relevant details, costs, and required actions.
- Circulate the Motion: The motion, along with any supporting documents such as quotes, reports, or photos, is sent to all committee members and a copy must be given at the same time to all lot owners.
- Voting Period: Committee members return their votes in a simple YES or NO format within 21 days
- Decision: The motion is approved if more than half of all of the committee members entitled to vote on the motion vote YES to the motion. Note this threshold is different to when the committee considers motions at a committee meeting.
- Minutes: Minutes recording the outcome are given to all committee members and all lot owners within 21 days after the date of the decision.
A VOC allows committee members to make decisions in writing without needing to be physically present. All committee members must be given the opportunity to vote, and once the vote is completed, the decision must be properly recorded and communicated to all owners to ensure transparency and compliance.
Passing a VOC Motion
For example, a committee has 7 members:
-
- Two abstain due to conflict of interest or debt
- Two do not return a vote
- Remaining three vote 2 YES, 1 NO The motion does not pass, because a majority of all entitled voting members was not reached
Emergency VOCs
In urgent situations, VOCs can be conducted using verbal or other appropriate communication methods like email.
- Notice may only be given to members who can reasonably be contacted
- Votes may be verbal, over the phone, or by email
- Outcomes must still be confirmed at the next formal committee meeting
Examples of VOC Motions
- Approving a quote for emergency plumbing repairs in a common area.
- Authorising replacement of a damaged gate or door in the building.
- Approving expenditure for pest control or landscaping work.
- Approving a pet application under the body corporate by-laws and legislation
- Considering a request from a lot owner to install a satellite dish or air conditioning unit on common property.
- Approving changes to an owner’s lot that impact common property like balcony screens
- Approving a minor expenditure that falls within the budget but requires committee agreement.
- Authorising payment of an urgent invoice to avoid penalties or service interruption.
- Authorising urgent repairs after storm or flood damage.
- Making temporary arrangements for building security following a break-in or vandalism.
Responsibilities and Documentation
The secretary or an authorised committee member is responsible for managing the VOC process.
All decisions must be recorded and circulated to all committee members and lot owners within 21 days. The minutes of the VOC should include the date and time the motion was circulated, the names of all committee members, the full text of the motion, the number of votes for and against, and any actions assigned as a result of the motion.
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