This article discusses whether a company lot strata council position can be held by a corporate lot owner and how that corporation may authorise an individual to act on its behalf.
Question: If a strata unit is owned by a Pty Ltd company, can a director of that company or part owner who is NOT a Director become a strata council member?
Answer: Individuals associated with the corporation, be they owners or directors of the corporation, cannot be elected to the council as an individual.
In the case of the title for the lot being held by a corporation, it is the corporation that can hold the position on the council of owners if duly elected. Individuals associated with the corporation, be they owners or directors of the corporation, cannot be elected to the council as an individual. The corporation can however authorise that individual to be its representative on the council should the corporation be duly elected.
When the corporation sits on the council it may authorise an individual to perform on its behalf its duties as a member of the council and may revoke such authorisation from time to time. Any actions performed by the individual it is taken to have been performed by the corporation.
This post appears in Strata News #442.
Luke Downie
Realmark Strata
E: strataperth@gmail.com
P: 08 9328 0999
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