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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44203
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am the secretary of the body corporate committee of a

Customer Question

I am the secretary of the body corporate committee of a multi-storey apartment building in Brisbane. Since the new Committee came into operation in July i am finding it difficult to take minutes of meetings as they tend to be chaotic, with much personal invective and motions not being clearly stated and voted on. My requests for motions and voting to be clearer have been treated with hostility because many of the members were on the committee a few years ago when it was the usual practice for assumptions that everyone was in agreement to replace formal voting. I regarded this practice as very dubious as non-executive members weren't given as much information as the executive members (Chair, Treasurer, Secretary) and thus often said nothing while executive members held forth. This changed with the election of a new committee a couple of years ago but some members of the present committee regard the
JA: What state are you in? It matters because laws vary by location.
Customer: Queensland. Sorry, I accidentally hit the return button.
JA: Has anything been filed or reported?
Customer: the problem is that there are a lot of vexatious complaints that my minutes are inaccurate, yet when I request that meeting be recorded and deleted after the minutes have been confirmed at the next meeting, the most influential member states that this is unacceptable because some may feel inhibited if they know the meeting is being recorded and that some matters discussed are commercial-in-confidence. I have been on the horns of a dilemma. If I don't record the meeting, the procedure is so chaotic that I can't be sure my minutes are accurate. If I do record it, however, I'm doing so without committee consent and I could be committing a criminal offence or be ejected from the committee on the grounds that I have breached our code of conduct. In desperation I recorded the last meeting, not of a standard necessary for recording the meeting officially, but audible enough for me to get the gist of what was going on, but now I'm terrified of the consequences. I can't lie and so if I'm asked if I've recorded the meeting I'll have to admit it, which could be enough for one particular member - the one who hurls invective at me throughout meetings - to persuade the others to get rid of me on the committee. Sorry if this sounds paranoid, but I'm concerned at some of the decision-making procedures, which don't comply with legislation, and if I get tossed off the committee it' it' it's likely to become the practice once more. Any advice you can give would be greatly appreciated. Sue
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 6 months ago.

You have a right to record the meetings and then transcribe them if you are worried and you have to let them know.

Also keep a copy of the recordings with the minutes kept

If you believe that the meetings are not conducted correctly this is matter that you can take to the president and advise them on the issues and if they do not fix it make a formal complaint to the Department.

But if you are worried about the accuracy and the allegations record them.

This is the best I can advise you and if they question you can play back the meeting.

I hope this make sense and is of assistance. if there is nothing further

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If I have missed anything, or you have any further questions please let me know

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