Which Power of Attorney is appropriate when nominating for a vacant committee position? Can the General Power of Attorney form be used to nominate for the Committee as this is not a financial matter?
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?
Yes – the general power of attorney form can be used for nominating for a vacant committee position.
Yes – the general power of attorney form can be used for nominating for a vacant committee position.
Sections 8, 9 and 11 of the Powers of Attorney Act 1998 (Qld) relevantly provide that:
By a general power of attorney made under this Act, a person (principal) may…provide terms or information about exercising the power.
A principal may specify in a power of attorney a time when, circumstance in which, or occasion on which, the power is exercisable.
A general power of attorney made under this Act must be in the approved form.
Note— An approved form is a form approved by the chief executive under section 161—schedule 3 (Dictionary). Strict compliance with the form is not necessary and substantial compliance is sufficient—Acts Interpretation Act 1954, section 48A (Compliance with forms).
Accordingly, the general power of attorney form can be used for committee nominations and can limit the scope of powers of the attorney or otherwise exclude particular items. It should be noted though that a financial matter is broadly defined to include items such as a legal matter relating to the principal’s financial or property matters which may extend to acting as a committee member representative.
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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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