An owner recently moved to a retirement home. His son has power of attorney and lives in the unit. The son wants to be elected to the committee as secretary and treasurer. We do not mind electing the son as long as this is legal. We are self managed.
The owner will need to nominate the son to be a committee member.
An individual can be elected as a member of the committee provided that they are nominated by an individual who is a member of the body corporate and are either:
- a member of the individual's family; or
- a person acting under the authority of a power of attorney given by the individual.
The owner will need to nominate the son to be a member of the committee. This nomination will be valid provided that (among other things):
- it is made prior to the end of the body corporate's financial year; and
- his father does not owe a body corporate debt at the time the committee member positions are chosen.
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Katya began her legal career in Townsville, where she was admitted as a lawyer in 2020. Starting out in commercial litigation, including claim and debt recovery matters in the Magistrates and District Courts and QCAT, she went on to work predominantly in transactional, property and commercial matters, including the acquisition and disposal of commercial property, leasing, and business purchases and sales.
With a keen interest in body corporate law, Katya relocated to Brisbane to further develop her skills in this area, where she works alongside Todd Garsden in the body corporate team.
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