Can a Power of Attorney Self-Nominate for a Body Corporate Committee Position?

QLD

Committee & Governance

This article discusses power of attorney committee nomination, clarifying that a power of attorney may nominate themselves to a body corporate committee only if the authority granted under the power of attorney expressly allows it.

An owner can nominate someone as their power of attorney. At the upcoming AGM, a power of attorney wishes to be nominated to represent the owner as a committee member. Does the owner nominate the power of attorney, or can the power of attorney self-nominate for a position on the committee?

A power of attorney can make a committee nomination on behalf of the owner.

A properly appointed power of Attorney (Attorney) can make a committee nomination on behalf of the owner.

Relevantly, section 19(1)(b) of the Accommodation Module (or section 18(1)(b) of the Standard Module) provides:

a nomination must be made by written notice and…if the nomination is from an owner of a lot nominating an individual other than the owner—

must be signed and dated by the individual; and
must be countersigned by the owner, or a person acting under the authority of the owner.

However, for the Attorney to be properly acting under the authority of the owner, the terms of the power of Attorney would need to extend to making such a nomination. If the power did not authorise the Attorney making such a nomination, it would not be validly made.

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Published: 27 Mar 2026

Last Updated: 11 Sep 2026

This post appears in The QLD Strata Magazine September 2023

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Answer by

Todd Garsden

Mahoneys

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.