This article discusses how to verify SMSF lot owner voting eligibility and who can vote or serve on the committee.
Question: One lot in our small scheme is owned by an ATO Regulated Self-Managed Superannuation Fund for a family partnership business. Can we check that the individual acting as the owner and treasurer is an owner of the lot?
I am a lot owner in a small complex of six units. One owner is an ATO Regulated Self-Managed Superannuation Fund for a family partnership business. Four trustees are listed. However, how do we know whether the person who participates in body corporate meetings, votes as “the owner” and, as of a recent EGM, is now the treasurer of the two-person committee is an owner? How can I verify they are entitled to occupy this position?
Answer: The Small Schemes Module provides who is the “voter” for a lot at the general meeting.
Section 49 of the Small Schemes Module provides who is the “voter” for the purposes of a lot at the general meeting.
If four trustees are listed on the roll as the owner – any of those trustees would be entitled to vote on behalf of the lot. If one of the trustees was a company, there would be additional requirements to meet (such as completing a company nominee form). If the person is one of the trustees or was nominated by one of the trustees, they are eligible to be the treasurer or secretary pursuant to Section 11 of the Small Schemes Module.
This post appears in the April 2025 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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