WHO CAN YOU BELIEVE?During the past year there have been several publications on websites, and flyers dropped into mailboxes, criticising decisions made by the PBC.
Thankfully, Australia is a free country and we have no problem with legitimate criticism. However, we do have a problem with opinions and assertions being presented as facts when the information is incorrect or gives a particularly one-sided view.
Most of the criticism to date has been focussed on two areas:
- decisions made by the PBC to enter into new Management Agreements;
- the process for electing people to the various Committees and Bodies Corporate that run the Resort and the way they perform their duties.
The appropriateness and legitimacy of the former has been tested by appeals made to the Commissioner for Body Corporate and Community Management and to the Brisbane Magistrate's Court. These appeals were dismissed, vindicating the PBC's decisions and there is no need to comment further.
However, we would like to comment on the latter. In essence, these criticisms centre on what the corporate world refers to as Corporate Governance. We think it is important for Owners to be aware that AS A MATTER OF LAW:
- Any owner can nominate to be a member of the Body Corporate Committee for a Residential Body Corporate (RBC) where they own property
- Every owner in the RBC can vote on who will be appointed to the Body Corporate Committee where they own property, provided they have paid their levies
- Elections are held annually at RBC Annual General Meetings. All Committee positions are declared vacant and the elections determine the Committee members for the coming year
- Each RBC nominates an owner from their RBC to be its representative on the PBC. Each RBC can nominate an owner to be a candidate for membership of the PBC Executive Committee
- The PBC votes, by secret ballot at a General Meeting, to elect the members of the PBC Executive Committee from the candidates nominated. PBC members MUST vote according to the direction given them by the RBC they represent
The duties, responsibilities, processes and procedures for RBCs and also for the PBC are prescribed in the Acts of Parliament that apply to HIR. Ultimately, Body Corporate Committees are supervised by the Commissioner for Body Corporate and Community Management, within the Queensland Government Department of Justice.
In summary, the process for nominating, electing and supervising members of Body Corporate Committees is transparent and stringent. All property owners have the opportunity to participate in the nomination and election process.
Against that back-drop. it might be worth asking some questions of the individuals and entities who have been so critical of the PBC's Corporate Governance:
- Specifically, which owners have agreed to have the entity represent and speak for them?
- What is the entity's management structure and how are decisions made?
- How are people nominated, elected and appointed to positions of authority or as spokespersons?
- Who are the people making decisions and acting as spokespersons for the entity and its members and what is their background?
- Who is accountable for the accuracy of statements made publicly on behalf of the entity and its members?
- Who oversees the actions of people in positions of authority?
"........ a 10 year contract is now illegal in the state of Queensland."
THAT STATEMENT IS INCORRECT. THE MANAGEMENT AGREEMENT WITH CMS IS ENTIRELY LEGAL AND PERMITTED UNDER THE LAW THAT GOVERNS HOPE ISLAND RESORT.
If you have concerns about any aspect of the PBC, the Resort or the way it is managed, contact us. We undertake to respond to you in a reasonable time-scale and discuss and answer your concerns.
We are committed to fulfilling the role and responsibilities owners elected us to perform and we are acutely aware of our moral and legal responsibility to do so.
