This article discusses whether a caretaker and their associates in Queensland can vote on a motion to change or extend their own caretaking agreement.
Question: Can a caretaker and their associates vote on a motion to change or extend their own caretaking agreement?
Our body corporate’s caretaker also owns several units in the building, some personally, others through companies and in the names of their children. A motion will be put to the AGM to vary and extend the caretaking agreement. Are the caretaker and their associates entitled to vote on this motion, or would this be considered a conflict of interest?
Answer: A lot owner is entitled to cast a vote in their own interest at a general meeting.
There are no restrictions on voting at the general meeting other than the decision needing to be reasonable. There are at a committee meeting, but a lot owner is entitled to cast a vote in their own interest at a general meeting.
Accordingly, the caretaker and its associates can vote in favour of the resolution at the general meeting. In some circumstances, it would be unreasonable for a lot owner to use their voting power to force resolutions of the body corporate. However, this does not automatically apply to a caretaking-related motion.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in Strata News #767.
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- QLD: Q&A Duties of a Building Manager
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- QLD: Management rights agreements in community titles schemes
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