This article discusses whether a lot owner who operates a letting agent body corporate committee business, including managing rentals for other owners, is eligible to nominate and serve on a body corporate committee under the BCCM Act.
Question: An investor lot owner who lets out his and other lot owner’s lots through his company has put himself forward for a committee position. Does the Act allow this?
We have an owner in our 120 lot strata community who owns 12 lots in the resort. They let these lots out through their own company, plus an additional 4 or 5 lots that are owned by others. Neither the Body Corporate nor the Caretaker have approved this business. This owner has now put themselves forward for a Committee position. I thought the BCCM Act did not allow this. Can you please clarify?
Answer: You can be on the committee if you rent your own lots. You cannot be on a committee if you operate a letting agent business.
You cannot be on a committee if you operate a letting agent business.
This is if a person conducts, subject to the Property Occupations Act 2014, the business of acting as the agent of owners of lots included in the scheme who choose to use the person’s services for securing, negotiating or enforcing (including collecting rents or tariffs for) leases or other occupancies of lots included in the scheme.
So, characterising what they do for the other 4 or 5 lots owners is the place to start. You can absolutely be on the committee if you rent your own lots. There is no prohibition on that.
This post appears in Strata News #546.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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