QLD: Can One Lot Nominate Multiple People to a Body Corporate Committee and Do They Have to Be Owners?

This article discusses whether one lot can nominate multiple people and who is eligible to serve under body corporate committee nomination rules.

Question: Can a single lot nominate two individuals? Can the committee accept two nominations from the same lot? What if one of the nominations is not an owner?

Our current committee has accepted two nominations from the same lot. One nomination is an owner who self-nominated, and the second is the owner nominating his wife, who is not an owner. Can a single lot nominate two individuals? Can the committee accept two nominations from the same lot?

There are currently six other eligible nominations. However, if the minimum number to form a committee is not met, can an owner and an owner’s representative make up 2 of the 3 minimum required or do committee members need to be co-owners?

Answer: This point is sometimes far from clear.

Section 17(1) of the Standard Module (equivalent provisions of others) provides that ‘the owner of a lot may nominate 1 person for election as a voting member of the committee’. You could interpret that to read that with the self-nomination counting as 1 nomination, there is no capacity for a second nomination by that owner.

In the situation you describe where there is a call from the floor for committee nomination (i.e., the minimum number is not achieved), Section 38 of the Standard Module applies, and you might like to consider subsection (5), namely:

‘ A member of the body corporate may nominate, under subsection (4)(b), not more than 1 person for all ordinary member positions for which nominations are invited.’

So, it is possible that, in this instance, an owner may nominate someone else. In your question, you said the person’s wife was not an owner. The legislation makes specific reference to ‘co-owner’.

By this point, you might have gathered this is sometimes far from clear, so the above should not be taken as gospel. There may be other complicating factors (e.g., if someone owes a debt, how many lots are in the scheme, and whether corporate nominees are involved).

This is general information only and not legal advice.

This post appears in the September 2024 edition of The QLD Strata Magazine.

Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898