SSKB has recently had some enquiries relating to whether tenants are permitted to attend general and Annual General Meetings of body corporate/owners corporation committees.
In this article, we take a look at the laws for Queensland, New South Wales and Victoria.
Strata communities in Queensland are governed by the Body Corporate Community Management Act 1997. However, there is nothing in this legislating which either expressly permits or denies the rights of tenants to attend meetings, committee, AGM or otherwise. While a body corporate could instigate a by-law which restricted tenants from attending body corporate meetings, this could possibly be in breach of the ‘Limitations For By-laws’ section of the act (section 180). Sub-section 5 states a by-law must not discriminate between types of occupiers, and by example provides that a by-law preventing tenants from using a common property pool would be inconsistent with the Act. As such, there is no definitive answer to this question in Queensland. If you need further clarification on this matter, consult your by-laws, or contact your body corporate committee or SSKB Community Manager.
New South Wales
According to the recently updated laws, NSW Strata Schemes Management Act 2015, tenants are not required to attend owners corporation meetings.
However, if a tenant is registered with the owners corporation they can attend meetings of the owners corporation.
Tenants do not have voting rights, and must be given permission to speak. They can be excluded when certain financial issues are to be discussed. If registered tenants make up more than 50% of the occupants of a scheme, they can nominate a tenant to be their representative on the strata committee.
However, whilst the representative can speak at the meetings, they similarly do not have voting rights and can also be excluded when certain financial matters are to be discussed. An owner could choose to give their tenant a proxy vote on the owner’s behalf.
A tenant may attend a meeting if they are a proxy of a lot owner. Otherwise it would be at the discretion of the individual owners corporation to allow a tenant to attend an Annual General Meeting (AGM) or a Special General Meeting (SGM).