This article discusses whether a deceased owner partner committee nomination is valid, including eligibility rules, probate considerations, and authority to act on behalf of an estate.
Question: One of our owners has passed away. Her partner has been acting as a Committee member and I understand he can stay on till our upcoming AGM. Can he nominate as a Committee Member at the AGM?
Answer: There may be some technical hoops to jump through to verify the facts you are looking for but in doing so you are protecting the body corporate so it is worth taking the time to do this.
At every AGM the existing committee is dissolved and a new one appointed. There are a series of qualifications for who can be a committee member. This starts with financial lot owners and then people they provide power of attorney to or members of their family – see this link for a detailed explanation: Eligibility for committee membership. If the individual meets those criteria then they can, of course be on the Committee. If not, no.
In this case, presumably the partner of the deceased has already met the standards as it seems they have already been appointed to the Committee. However, life isn’t always perfect. If there has been a death, there can also be some confusion. If the deceased person was the sole lot owner and the property is still in probate, you may need to check on who has authority over the lot. It may be the partner, but it is reasonable to ask from confirmation of this in the form of legal documents outlining how the estate is being managed. The nomination may depend on who has control of the estate and what authority they can give to the partner.
There may be some concern that asking for details like this in insensitive, but it shouldn’t be if it is handled in the right way. Owners can of course check ownership status via the roll at any time and that should be your start point. Then, people dealing with the legal outcome of a death should have documents to show that they have the status to act on behalf of the deceased’s estate – it’s normal to provide these. There may be some technical hoops to jump through to verify the facts you are looking for but in doing so you are protecting the body corporate so it is worth taking the time to do this.
This post appears in Strata News #590.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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