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A decision of the committee is regarded as a decision of the body corporate (Body Corporate and Community Management Act Section 100).
Bodies corporate committees make decisions by majority votes of the voting members. A quorum must be present when each vote is taken, unless it is a vote out of committee. (Standard Module Section 33)
There are circumstances when the committee may make a decision without holding a physical meeting. This is known under the Body Corporate and Community Management Act as “voting outside committee meetings” or more commonly known as a “flying minute” (Section 35). For routine matters the vote out of committee may occur where all the committee members are given a written notice of the motion. In case of emergencies, the motion must be given to as many committee members as practicable, and the notice need not be in writing. Also, in cases of emergency the agreement of the members need not be in writing.
The agenda for the subsequent committee meeting must include the substance of a motion that confirms any resolutions made by the vote out of committee process, and the next meeting must confirm the resolution. (Standard Module Sections 30 and 35(6)). Where a vote out of committee is taken, advice of the motion must be given to each lot owner, unless that lot owner has previously opted not to receive such motions.
