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ACT: Can a power of attorney serve on an executive committee?

ACT@2x

This article discusses power of attorney executive committee eligibility and whether a representative can attend and vote at meetings for an owner.

Question: If an owner appoints a power of attorney, can they be elected to the executive committee of an owners corporation? Can the person who holds the power of attorney attend and vote at the AGM?

Answer: An owner may appoint a person to act on their behalf on all matters.

Yes, Section 39(4a) notes that a member being elected must be considered a qualified person, as defined in S39(7).

An owner may appoint a person to act on their behalf on all matters (including attending and voting at general meetings) by way of an executed power of attorney document, refer to Powers of Attorney Act 2006.

This post appears in Strata News #637.

Jack Stoker Bright & Duggan E: Jack.Stoker@bright-duggan.com.au P: 02 9902 7100

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