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QLD: Who can be on a body corporate committee

Committee

This article about who can be on the body corporate committees has been supplied by Todd Garsden, Mahoneys.

Lot owners in a community title scheme have a statutory right to nominate for a position on the body corporate committee.

In this article we discuss the eligibility requirements for each regulation module. In other words, who can and who can’t be on the committee – including due to a relationship with another person (such as the caretaker)?

As a general rule, each regulation module sets out criteria that makes a person:

For example, one ineligibility criteria is an associate of a service contractor. As associate is broadly defined, it can unintentionally exclude committee members from being on the committee in some peculiar circumstances.

Standard and Accommodation Modules

To be eligible under the Standard or Accommodation Module the person must be:

Even if a person meets the eligibility criteria above, they must also not satisfy any of the ineligibility criteria.

A person is ineligible if they:

As set out earlier – associate is broadly defined. It would encompass many types of relationships including a committee member being engaged by the caretaker to carry out tasks (even if there is no formal agreement or remuneration arrangement) or even co-directorships of unrelated companies. The only relationship that is excluded is when the caretaker acts as a letting agent for the lot owner.

Commercial Module

The Commercial Module, as with other matters it regulates, is much more flexible in relation to the administrative requirements imposed on bodies corporate.

Relevantly, a person is eligible to be on the committee if they are an owner or are simply nominated by an owner. This allows a much broader range of potential committee members.

There are also less ineligibility considerations.

A person is ineligible if they:

Small Schemes Module

A committee for a scheme regulated by the Small Schemes Module only has a single person or a second person acting as secretary and treasurer – it is not a full committee like the other regulation modules.

Similarly to the Commercial Module, eligibility is determined by ownership of a lot or nomination of another person by an owner.

A person is then ineligible if they:

Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753

This post appears in Strata News #644.

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This article has been republished with permission from the author and first appeared on the Mahoneys website.

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