This article discusses unfinancial owner is eligible for committee election when levy due dates are extended at the AGM.
Question: Was a lot owner validly re-elected to the committee if they were unfinancial on the AGM date, but the meeting later extended the levy due date?
At our December AGM, a lot owner nominated for re-election to the committee had overdue body corporate levies on the day of the meeting. During the AGM, the body corporate unanimously passed motions to extend the due dates for levies to the end of the levy period, effectively giving the owner extra time to pay. On that basis, the strata manager advised that the owner could be re-elected to the committee.
The lot owner still had a body corporate debt at the end of the new due date, but remained on the committee for the rest of the year. In these circumstances, was the lot owner eligible to be elected to the committee at the AGM?
Answer: The legislation restricts the election of a member who owes a body corporate debt ‘at the time voting members are chosen’.
The legislation restricts the election of a member who owes a body corporate debt ‘at the time voting members are chosen’.
Given the election of committee members would be considered as the last, or second last (if consideration is given to the engagement of a body corporate manager under a Part 5 arrangement), item of business at the AGM, then the passing of earlier resolutions extending the due date for payment of the overdue levies to a date beyond the AGM would most likely make the relevant member ‘financial’ again, and eligible to be elected to the committee. A contrary view may be that the debt is not extinguished until amended levy notices are reissued to the lot owners, but that would not be my preferred view.
Of course, if the relevant member self-nominated, and they (or whoever else nominated them) owed a body corporate debt at the time of nomination, then that would also invalidate the nomination and disqualify the relevant member from being validly elected to the committee.
Jarad Maher
Grace Lawyers
E: jarad.maher@gracelawyers.com.au
This post appears in the February 2026 edition of The QLD Strata Magazine.
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