A person is eligible to be a voting member of the committee, if the person is an individual nominated for membership by a member of the body corporate. This person must also be a member of the body corporate, or if the nominating entity is an individual, a member of the individual’s family* or a person acting under the authority of a power of attorney given by the individual. If the nominating entity is a corporation, a director, secretary or other nominee of the corporation is eligible to be a voting member of the committee.
*family of a nominating entity means the following:
- the individual’s spouse;
- each of the children of the individual or the individual’s spouse who is 18 years or over;
- each of the individual’s parents, including a step parent; or
- a brother or sister of the individual.
A person who is otherwise eligible to be a voting member of the committee under the preceding conditions is not eligible if that person is a body corporate manager, service contractor or letting agent or an associate of the same.
To be eligible, both the nominee and the nominator must not owe a body corporate debt at either the time the nomination is received, and at the time the Committee is appointed/elected.
Unless otherwise permitted under this regulation, only one co-owner of a lot can be a voting member. Exceptions apply where co-owners own more than one lot.
The size of the committee will be determined by the number of persons nominating, but generally it cannot be fewer than 3 or more than 7 persons, excluding any non-voting members. An individual can hold one or more of the positions of chairperson, secretary or treasurer, but cannot also be an ordinary member. This differs for bodies corporate governed by the Small Schemes Module whereby the Committee is limited to 1 or 2 persons, and the available positions are Secretary and Treasurer (which can be jointly held).
In the event that more than 1 nomination for the positions of chairperson, secretary and treasurer are received, then a ballot will be held at the meeting. In the event that nominations are received which exceed the number of ordinary members, a ballot will be held at the meeting.
- A lot owner may nominate 1 person for election to the committee. However, if the owner owns more than 1 lot they may nominate the person as follows
- If the owner owns 2 lots or there are fewer than 7 lots, the owner may nominate 2 persons
- If the owner owns more than 2 lots and there are 7 or more lots, the owner may nominate 3 persons
- A candidate can be nominated to more than one position on the committee.
- Insert the full name of the nominator(s) where provided.
- You may self-nominate if you are the owner of a lot.
- The candidate will be notified in writing that their nomination has been received.
- A lot owner may not nominate a person for membership of the committee if the lot owner or the lot owner being nominated owes a body corporate debt when the nomination is received by the Secretary.
- A lot owner is not eligible to be a member of the committee if the lot owner or the person nominating the lot owner owes a body corporate debt when the members of the committee are chosen.