This article discusses Can a Partner Represent a Body Corporate on the Principal Body Corporate?
Question: Can a partner of a lot owner be our body corporate representative on the Principal Body Corporate in our layered scheme?
The partner of a lot owner (who is also a committee member) is a mechanical engineer and suitably qualified to monitor the maintenance of plant and equipment in our 100 lot building. He enjoys doing this.
I am aware that he can be a member of our body corporate committee, which is a subsidiary body corporate in our layered scheme.
Can he be our body corporate representative on the Principal Body Corporate?
Answer: If a non-committee member is going to be the representative on a building management group you would first have to consider if this is permissible under the terms of the managing statement.
Usually, a scheme’s representative to a building management group is a member of the Committee who has taken on the extra responsibility. It’s a natural extension of the role of Committee member. If a scheme doesn’t appoint a representative directly, the Chair is the default representative.
If a non-committee member is going to be the representative on a building management group, you would first have to consider if this is permissible under the terms of the managing statement. If acceptable, you would then need to consider how the individual will be appointed to the position of representative. The managing statement might give some guidance on this, but if not then appointment could be via a general meeting or committee meeting.
After that, some structure needs to be considered for how that individual interacts with the committee and receives instruction from them on how to act. This is also the case with committee members who are building management representatives, but that person is likely to be part of an ongoing decision making matrix whereas the non-committee member has to cross some bridges to be part of that. The concern would be that the management group representative acts beyond the limit of their authority and commits the scheme to costs or actions without having had either direction from the committee or body corporate to support that. All things considered, it may be possible but it might be easier if the appointee was simply a member of the Committee.
For more information please see the government website on layered schemes: Running layered scheme
This post appears in the June 2022 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924