Our chairperson has appointed his uncle as secretary of the committee. The uncle is not a lot owner. Is an uncle classified as a family member? Would this appointed member have voting rights on the committee?
An uncle is not automatically eligible to be nominated on the committee.
A properly appointed voting committee member will have a vote in a committee meeting regardless of whether they are an owner or not.
Family is defined in the regulation module to include the following persons—
- the individual’s spouse;
- each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child;
- each of the individual’s parents, including a step-parent;
- a brother or sister of the individual.
Accordingly, an uncle is not automatically eligible to be nominated on the committee.
However, a person acting under a power of attorney (PoA) of an owner is eligible to be on the committee. Accordingly, if the uncle committee member was nominated on the basis of a PoA they are eligible to be a committee member.
Further, if the owner of the lot was a company, the regulation module is quite flexible to allow the company to nominate a person to be on the committee.
The same rules apply to accommodation, standard and small scheme modules.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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