Can the committee member nomination be reinstated following withdrawal if the Body Corporate’s financial year has ended?
A committee member nomination cannot be re-submitted if the financial year of the body corporate has ended.
Nominations must be received by the secretary prior to the end of the body corporate’s financial year.
It has been held by adjudicators in the Commissioner’s Office that a committee member nomination cannot be re-submitted if the financial year of the body corporate has ended.
While an owner cannot reinstate its committee nomination following the end of the body corporate’s financial year, they may make a nomination orally from the floor at the meeting for any vacant committee position.
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Alanna Law is a senior associate employed at Mathews Hunt Legal (MHL). She has exclusively worked with bodies corporate for the last 7 years and has developed significant expertise during this time.
Her extensive experience includes, but is not limited to:
- general body corporate advice (i.e. as regards validity of owner motions, exclusive use, legislative responsibilities, maintenance of common property, and improvements to common property by both owners and bodies corporate);
- by-law reviews and enforcement of by-laws;
- resolution of disputes in the Commissioner’s Office, Queensland Civil and Administrative Tribunal and the Magistrates Court;
- enforcement of Adjudicator’s Orders in the Magistrates Court; and
- caretaking matters (including disputes, variations and negotiation of new agreements).
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