AGM Season, Zero Regrets: The Strata Compliance Playbook

AGM season is in full swing and scrutiny on strata governance across Australia has never been sharper. Here’s how small strata and building management businesses can tighten meeting procedures, manage conflicts, elevate record-keeping, and uphold their code of conduct—so resolutions hold firm and disputes stay out of NCAT/VCAT/QCAT.

Introduction: The Compliance Wake‑Up Call

“We ran that AGM by the book—didn’t we?” Maya, a strata manager, asked her team after a committee challenge landed on her desk. The issue wasn’t intent; it was the basics—notice periods, proxy validity, conflict disclosures, and minutes that didn’t capture reasons. With AGM season underway and regulators and tribunals watching closely, the margin for error was zero.

Document your business or get out. It’s a blunt mantra, but it saved Maya’s firm from costly do‑overs.

Risk: Resolutions set aside by NCAT/VCAT/QCAT for procedural defects.
Cost: Re‑convened meetings, frayed committee trust, and legal fees.
Fix: A state-specific AGM checklist and a single source of truth for your team.

Challenge 1: Notice Periods and Agenda Blind Spots

The team’s first miss? A notice issued without properly confirming statutory timeframes and required motions. Different states and territories set different notice periods and agenda mandates, and “close enough” isn’t compliant.

State-by-state gotchas

Legislation varies (e.g., NSW Strata Schemes, VIC Owners Corporations, QLD Body Corporate frameworks). Don’t guess; verify.
Required motions typically include budgets, insurance renewals, levies, and certain appointments or authorisations.
Inadequate agendas can invalidate votes on key money matters.

Use a pre-issue gate: a checklist item that explicitly verifies notice period compliance per state.
Lock in required motions: budgets, insurance, levies, and any statutory reviews.
Attach clear explanatory notes so owners know what they’re voting on.

Challenge 2: Proxy Forms and Voting Integrity

Two attendees arrived with generic proxy forms sourced online—neither valid. Voting integrity hinges on using the correct forms and ensuring they’re executed properly.

Adopt a standard, state-compliant proxy template and embed it in your AGM pack.
Validate identity and authority; check limits on how many proxies one person may hold under your jurisdiction.
For remote participation, accept digital proxies only if permitted, and retain the audit trail.

Result: Fewer disputes about voting rights and faster verification at the door—and in the inbox.

Challenge 3: Conflicts of Interest and Codes of Conduct

When a committee member’s relative bid for the gardening contract, the room went tense. Conflicts don’t just need declaring—they need documenting, managed decision-making, and visible adherence to your code of conduct.

Maintain a standing conflicts register and table disclosures before the meeting.
Record abstentions and reasons in the minutes.
Reinforce roles: managers educate on by-laws and process; they do not enforce by-laws on behalf of the body corporate.

Small-business tip: Publish a one-page code-of-conduct summary in every AGM pack. Repeat the expectations before voting begins.

Challenge 4: Minutes that Survive Tribunal Scrutiny

Tribunals look for clarity, not guesswork. If your minutes don’t capture the reasons for each resolution, you’re inviting a challenge.

What tribunals expect to see

Motion wording, vote counts, abstentions, and reasons for each resolution—especially on budgets, insurance, and levies.
Clear separation of duties: the body corporate/owners corporation must maintain common property in good and structurally sound condition; lot owners maintain their lots.
Evidence that quotes, condition reports, and insurance schedules were tabled or accessible.

Minutes are not a transcript; they’re a defensible record. Write for the reader who wasn’t in the room—especially a tribunal member.

Challenge 5: The Role Confusion Tax

Owners asked the resident manager to “fine” an occupier for a by-law breach. Not their job. Role confusion wastes time and undermines compliance.

Owners corporation/body corporate: sets and amends by-laws, levies, budgets; maintains common property; makes resolutions.
Strata manager: advises on legal obligations, implements approved actions, keeps records, and supports meetings.
Resident/on-site manager: facilitates operations and educates occupants; does not enforce by-laws on behalf of the body corporate.

Clarify responsibilities in writing and include them in your AGM information pack.

The Fix: A State-Specific AGM Checklist and Single Source of Truth

Maya’s team stopped relying on memory and built a documented, version-controlled checklist—one that remote and onsite staff could follow the same way, every time.

Checklist core items

Statutory notice period verified against the correct Act and scheme type before issuing the notice.
Required motions confirmed: budgets, insurance renewal/details, levies, appointments (auditor/manager if applicable), and any by-law changes.
Proxy controls: use state-compliant templates; validate identity, authority, and holding limits.
Conflicts register: circulate pre-meeting, table disclosures, and minute abstentions.
Minutes template: include a “reasons for decision” field for every resolution.
Role clarity page: owners corporation/body corporate duties vs. strata manager support; educate residents on by-laws.
Maintenance motions reference obligations to keep common property in good and structurally sound condition.
Insurance schedule attached or referenced; confirm currency and coverage notes.
Records plan: naming conventions, retention periods, and where the documents live.
Tribunal readiness: assemble an evidence pack (agenda, notices, proxies, minutes, attachments) in one folder.

All of it lived in one place—their “single source of truth”—with a simple rule: if it’s not in the system, it didn’t happen.

Embed and Train: From Project to Operating System

Checklists don’t work unless people use them. The team embedded the process into their calendar, tasking, and training rhythm so remote workers could follow instructions step by step.

30‑day rollout

Map the process and assign owners (who does what by when), including a QA reviewer.
Run a 45-minute training with mock proxies and sample minutes; record it for remote staff.
Pilot the checklist on one scheme; capture edge cases and update the template.
Scale to all AGMs; audit three randomly each month and publish the scorecard.

As their legal adviser put it, “NCAT doesn’t care about your intentions; it cares about your records.” The team made compliance visible—and habitual.

Results and the Road Ahead

Within a quarter, Maya’s firm cut pre-AGM errors by 70%, held zero re-convened meetings, and saw committee disputes drop noticeably. Owners appreciated clearer agendas and reasons-backed decisions.

Fewer challenges: No resolutions set aside due to process defects.
Faster meetings: Valid proxies and clean agendas sped up voting.
Better governance: Conflicts managed in the open; code of conduct front and center.

Your next step: before issuing any AGM notice, run the checklist. Build your single source of truth. And remember the mantra: document your business or get out.

AGM Season, Zero Regrets: The Strata Compliance Playbook