This article discusses whether a proxy can be elected to a body corporate committee, explaining eligibility rules and why non-owners can be appointed over lot owners.
Question: Can a person nominated as a proxy be voted onto the body corporate committee over a lot owner.
Answer: It is not a requirement to be an owner to be a committee member and owners do not have any precedence over other eligible nominees.
It is not a requirement to be an owner to be a committee member and owners do not have any precedence over other eligible nominees.
A lot owner who is an individual can nominate any of the following individuals:
- themselves
- another lot owner
- a person they have appointed as their power of attorney
- a member of their family.
And, a lot owner that is a company may nominate any of the following individuals:
- another lot owner
- a director of the corporation
- the secretary of the corporation
- another nominee of the corporation.
So, there are a wide variety of people who can be appointed. Provided those conditions are met there is nothing to stop a non-owner nomination ahead of a lot owner. The question here mentions whether a proxy holder can be appointed but that may be a red herring as that status needs to be considered in the contact of the eligibility requirements.
For further information please see the government website page on Committee eligibility and nominations: Queensland Government: Nominations and eligibility for body corporate committees
This post appears in Strata News #554.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924