This article discusses power of attorney committee eligibility, confirming that a son holding valid power of attorney can be elected to a body corporate committee if properly nominated and the owner meets all eligibility requirements.
Questiion: An owner recently moved to a retirement home. His son has power of attorney and lives in the unit. The son wants to be elected to the committee as secretary and treasurer. We do not mind electing the son as long as this is legal. We are self managed.
Answer: The owner will need to nominate the son to be a committee member.
An individual can be elected as a member of the committee provided that they are nominated by an individual who is a member of the body corporate and are either:
- a member of the individual’s family; or
- a person acting under the authority of a power of attorney given by the individual.
The owner will need to nominate the son to be a member of the committee. This nomination will be valid provided that (among other things):
- it is made prior to the end of the body corporate’s financial year; and
- his father does not owe a body corporate debt at the time the committee member positions are chosen.
This post appears in the November 2023 edition of The QLD Strata Magazine.
Katya Prideaux Mahoneys E: kprideaux@mahoneys.com.au P: 07 3007 3753