Which Power of Attorney Can Be Used for Body Corporate Committee Nominations?

By admin,

The BCCM Act does not define which Power of Attorney is appropriate when nominating for a vacant committee position.

The General Power of Attorney form states "Use this form if you want someone to act as your attorney for financial matters while you have the capacity".

Can the General Power of Attorney form be used to nominate for the Committee as this is not a financial matter?

If the form can be used can it solely relate to Committee nomination and exclude financial matters?

Are Body Corporate Regulations Open to Interpretation?

By admin,
The Body Corporate and Community Management ACT 1997 SCHEDULE 1A(4) – Code of conduct for committee voting members requires that a committee voting member must take reasonable steps to ensure the members comply with this Act, including this code, in performing the member’s duties as a committee voting member. Given this, is it correct to say that the Act’s regulations are open to interpretation?

Can a Body Corporate Change a Meeting Venue at the Last Minute and Still Be Valid?

By admin,

On arrival at a recent budget meeting, the venue was closed, and at the scheduled time for the meeting, they decided to reconvene at another nearby location. Is this legal? The 1997 BCCM Act & 2020 Accommodation Module do not mention moving meetings.

The budget was not preprepared and the committee seemed to throw numbers around on the night. I’ve not seen this at any previous budget meeting. The committee seemed unprepared and unprofessional. Is this allowed?

Can a Tenant Use Proxies at an AGM to Join a Body Corporate Committee?

By admin,

A tenant in our complex used proxy forms to represent a few lot owners at an AGM. The tenant has five proxies completed, three for one person who owns three separate lots in the same complex. They are trying to use the forms to become a member of the committee.

Can Management Rights Holders Unduly Influence Body Corporate Committee Decisions Under Queensland Law?

By admin,

Our onsite manager/caretaker attends all committee meetings, monopolising and influencing voting on agenda items as they come up. Some committee members seem happy with this, but others are not. Is there anything in the legislation about the undue influence of non-voting participants at committee meetings?

Does Being in a Letting Pool Create a Conflict of Interest for Body Corporate Committee Members?

By admin,

If a lot owner puts their unit in the letting pool to be managed by the management rights company, is there any conflict of interest for the owner to be elected as a member of the body corporate?

If the owner can be elected as a member or executive member of the body corporate committee, should they abstain from voting on any issues involving the management company?

Can One Lot Nominate Multiple People to a Body Corporate Committee and Do They Have to Be Owners?

By admin,

Our current committee has accepted two nominations from the same lot. One nomination is an owner who self-nominated, and the second is the owner nominating his wife, who is not an owner. Can a single lot nominate two individuals? Can the committee accept two nominations from the same lot?

There are currently six other eligible nominations. However, if the minimum number to form a committee is not met, can an owner and an owner's representative make up 2 of the 3 minimum required or do committee members need to be co-owners?