This article discusses whether joint owners body corporate committee members can both serve under current legislation and how nomination rules have become more flexible.
Question: With the new legislation, is it possible for joint owners of one unit to be on the committee? Previously, you could get someone else in the complex to nominate you. They effectively gave you the right to take the option to become a committee member. Is this still the case?
Answer: The short answer is yes. It is the same.
There’s a little bit of confusion around how this works. The short answer is yes. It is the same.
That old rule about needing someone else to nominate you to go on the committee really related to when there was no one else, or when you’re trying to get committee members onto the committee, because there was a section in there for co-owners that said only one co-owner can be on the committee, even if those co-owners owned multiple lots.
The only change that’s happened is more flexibility to allow that co-owner to get on the committee. It’s not necessarily a restriction. It’s open it up more than anything else. The only change is, if there is a co-owner, those co-owners that own more than one lot, they can both nominate individually and they don’t need that other person to nominate them. But the other person can still nominate them if that’s how they want to play it out.
This post appears in the April 2021 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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