This article discusses power of attorney committee nomination, clarifying that a power of attorney may nominate themselves to a body corporate committee only if the authority granted under the power of attorney expressly allows it.
Question: An owner can nominate someone as their power of attorney. At the upcoming AGM, a power of attorney wishes to be nominated to represent the owner as a committee member. Does the owner nominate the power of attorney, or can the power of attorney self-nominate for a position on the committee?
Answer: A power of attorney can make a committee nomination on behalf of the owner.
A properly appointed power of Attorney (Attorney) can make a committee nomination on behalf of the owner.
Relevantly, section 19(1)(b) of the Accommodation Module (or section 18(1)(b) of the Standard Module) provides:
a nomination must be made by written notice and…if the nomination is from an owner of a lot nominating an individual other than the owner—
- must be signed and dated by the individual; and
- must be countersigned by the owner, or a person acting under the authority of the owner.
However, for the Attorney to be properly acting under the authority of the owner, the terms of the power of Attorney would need to extend to making such a nomination. If the power did not authorise the Attorney making such a nomination, it would not be validly made.
This post appears in the September 2023 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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