For our Body Corporate committee clients, we thought a refresher in relation to voting outside a formally convened committee meeting might be handy.
As you know, the committee can make decisions outside of a formally convened committee meeting. This type of vote is referred to commonly as an “OCM”, a “VOC” or sometimes as a “flying minute”.
What are the legislative requirements for a valid OCM resolution?
1. Notice of the Motion must be given to all committee members, or in an emergency, as many as it is practicable to contact; and
2. A majority of all voting members of the committee who are entitled to vote (not just a majority of those who actually cast a vote) agree to the Motion.
3. Notice of the Motion must be given in writing and the votes must be given in writing except if it is an emergency in which case notice may be given and votes expressed orally or by another form of communication.
4. Notice of the Motion has to be given to lot owners at the same time it is given to committee members.
5. The motion must be confirmed at the next formally convened meeting of the committee (so in the same way as previous minutes are confirmed, minutes of the previous OCM must be confirmed).
6. A Minute of the motion decided on must be given to all lot owners and committee members within 21 days of the motion being decided.
Recapping the differences between an OCM vote and an emergency vote
In an emergency:
• Notice of the Motion only has to be given to as many committee members as it is practical to contact
• Notice of the Motion can be given orally
• Votes can be made orally
• Advice of the Motion can be given to lot owners when it is reasonably practical to do so
For more information on this or any other topic relating to Body Corporate law please contact Shane Devenish on 07 4081 7161 or firstname.lastname@example.org.