A recent FAQ from a committee member to SSKB raised an interesting question – can a resolution from an AGM or part thereof, be rescinded by the Body Corporate committee at a subsequent ordinary meeting?
This is an important question – if a mistake is made in an Annual General Meeting and needs to be rectified urgently at the next meeting (an Ordinary General Meeting), does the committee and the lot owners present have the power to rescind the resolution in favour of a new one?
The answer to this question varies significantly between the differing states and their legislation.
The amendment or revocation of resolutions passed at AGMs is regulated under section 95 (Standard Module) and section 93 (Accommodation Module). The legislation states that if special, majority or ordinary resolution, or a resolution without dissent is required to decide a matter, once the resolution has been passed, the resolution may only be amended or revoked by a resolution of the same type.
Committees themselves thus have no authority to amend or revoke the above resolutions once passed at an AGM. As such, any resolution which needed to be revoked or amended could only be done so with all members present, such as at an AGM. The committee cannot simply overturn the decision at the next meeting. Further, if any resolution did need to be amended or revoked, the reasons for doing so should be clearly explained in the meeting minutes.
If you have questions or require specialist advice on the intricacies of committee decisions in your scheme, talk to SSKB. Our experienced and professional team can provide you with advice tailored specifically to the needs of you and your property.