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BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 63
Attendance at committee meetings—non-members
63 Attendance at committee meetings—non-members
(1) A person who is not a member of the committee may attend a meeting of the
committee only if the person is— (a) an owner of a lot, or a representative
of an owner of a lot, who complies with subsection (2) ; or
(b) another
person who is invited to attend by a majority of the voting members of the
committee who are present at the meeting.
(2) An owner of a lot, or a
representative of an owner of a lot, who wishes to attend a meeting of the
committee under this section must give the secretary written notice of the
owner’s or representative’s intention to attend so that the secretary
receives the notice not later than 24 hours before the meeting is to be held.
(3) Also, a representative of an owner must, when giving notice, include in
the notice the following information— (a) the representative’s residential
or business address;
(b) the category of person mentioned in section 10 (1)
to which the representative belongs;
(c) the name of the lot owner whom the
representative represents;
(d) unless the representative’s name is
contained on the roll as the representative of the lot owner—evidence that
the lot owner has asked the representative to represent the owner at the
meeting.
(4) A person who attends a committee meeting under this section may
do so— (a) in person; or
(b) by any electronic means authorised by a
resolution of the committee. Examples of an electronic means— email,
teleconferencing, videoconferencing
(5) For subsection (4) (b) , a
resolution of the committee may authorise attendance by electronic means in
respect of— (a) a particular meeting or meetings or all meetings; or
(b) a
particular electronic means or any electronic means.
(6) A person who attends
a committee meeting under this section must not be present for an item of
business about a following matter considered at the meeting if the committee
decides that the person must not be present for the item— (a) a breach of
the by-laws for the community titles scheme;
(b) starting a proceeding, if
the decision to start the proceeding is not a decision on a restricted issue
for the committee;
(c) a proceeding against the body corporate;
(d) a
dispute between the body corporate and— (i) the owner or occupier of a lot
included in the scheme; or
(ii) a body corporate manager; or
(iii) a
caretaking service contractor.
(7) Also, the person must not be present
for— (a) a discussion of, or vote taken by, the committee about whether the
person may be present for an item of business mentioned in subsection (6) ;
or
(b) a vote taken by the committee on the item of business.
(8) The person
may— (a) subject to subsections (6) and (7) , observe the meeting; and
(b)
speak to the committee only if invited to speak by the committee.
(9) An
invitation to speak to the committee may be revoked by the committee at any
time.
(10) The committee may direct the person to leave the meeting if the
person does not comply with subsection (8) (b) .
(11) The person must comply
with a direction given to the person under subsection (10) .
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