This Q&A about the potential of a strata executive committee conflict of interest has been supplied by Frank Higginson, Hynes Legal.
Question: Can a lot owner be both the caretaker and the Chairman? Is this a strata executive committee conflict of interest?
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One of our lot owners has been appointed as a caretaker at the AGM each year (for the past 3 years) for a 12 month period, with a annual remuneration approved. The caretaker carries out tasks such as gardening, pool cleaning and rubbish removal etc on a weekly basis. They have a position description and a list of duties to be performed.
Can this lot owner also be the Chairperson of the committee? I feel this is a strata executive committee conflict of interest.
Answer: Conflict only relates to discussion around the issues the person has an interest in.
To me the conflict only relates to discussion around the issues the person has an interest in. If the committee wants to discuss alternatives to the current services the person should declare an interest and leave the meeting. Otherwise they can participate.
The prohibition on service contractors being a voting member of the committee only applies if the tenure is more than 12 months. If it is renewed annually, they can be on the committee.
This post appears in Strata News #117
Still after more information about a strata executive committee conflict of interest or even more general articles about strata in Queensland? Visit our FactSheet: Strata Committee Concerns OR FactSheet: Strata Legislation Queensland