Question: Can non-owners be a proxy committee member in SA?
A lot owner’s family member resides permanently in the unit. They are a proxy for the lot owner at meetings. The proxy is renewed yearly for the family member to be a committee member. Can non-owners be committee members in SA?
Answer: If the units are used for residential purposes, no. A person who is not an owner cannot form part of the committee.
Simply put, if the units are used for residential purposes, no. A person who is not an owner cannot form part of the committee.
Both the Strata Titles Act and Community Titles Act do allow proxies to be given to others to attend the committee meetings. However, they must be a unit holder if the lots are used for residential purposes.
The Strata Titles Act states that if ALL units are used for non-residential purposes, the committee may include persons who are not unit holders. The Community Titles Act states that if 1 or more lots are used for non-residential purposes, the committee may include non unit holders.
Strata Titles Act
35—Management committee
- Subject to subsection (1a), a strata corporation may, by ordinary resolution, appoint a management committee of unit holders.
- Where all of the units comprised in the strata scheme consist of non-residential premises, the management committee may consist of, or include, persons who are not unit holders.
- A member of a management committee can appoint another person (who must, unless all of the units comprised in the strata scheme consist of non-residential units, be a unit holder) to act as his or her proxy at any meeting of the committee that the member is unable to attend.
Community Titles Act
90—Establishment of management committee
- Subject to subsection (6), where each of the community lots is used, or is intended to be used, solely or predominantly for residential purposes, all the members of the committee must be members of the corporation and for that purpose a person for the time being appointed by a body corporate that is a member of the corporation to attend and vote at meetings of the corporation will be taken to be a member of the corporation.
- Where one or more of the community lots are not used, or intended to be used, sole or predominantly for residential purposes, the committee may be comprised of or include persons who are not members of the corporation.
This post appears in Strata News #716.
Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777