Can a proxy holder hold a committee position in a small scheme?

No, proxy holders cannot hold a committee position.

A lot owner who is an individual can only nominate the following people to be part of the Committee:

• Themselves.
• Another lot owner.
• A person they have appointed as their power of attorney.
• A member of their family.

A family member means:

• The lot owner’s spouse, including ‘de facto’ spouse
• Children of the lot owner or their spouse who are over 18 (including a step-child or adopted child)
• The lot owner’s parents or step-parents
• The lot owner’s brother or sister

Proxies lapse at the end of the body corporate’s financial year or at the end of a shorter period stated on the proxy form.

On the BCCM proxy nomination form, Form 6, there are three options provided for indicating the length of a proxy stating that it is valid for:

• The general meeting to be held on dd/mm/yyyy.
• All general meetings held before dd/mm/yyyy.
• All general meetings held during the rest of the body corporate’s financial year unless I/we serve you with a prior written withdrawal of the appointment.

You can find a copy of the General Meeting Proxy Form - Form 6 here.

For more details about nominations check the BCCM website: Nominations and eligibility for body corporate committees