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For the first annual general meeting nominations for committee are to be given at the meeting, either orally from the floor, or in writing and handed to the person chairing the meeting.
For annual general meetings other than the first annual general meeting, between three and six weeks prior to the end of each financial year the secretary will send out a notice asking for nominations to the committee (Standard Module Section 16). Stewart Silver King and Burns will perform this action on behalf of the secretary. Standard Module Section 18 prescribes the content of the nomination request notice sent by the secretary. Owners may not submit a nomination if they owe a body corporate debt (Standard Module Section 16(2)(b)). To ensure yourself a position on the ballot (and possible election) you should ensure your nomination is returned to the secretary prior to the end of the body corporate’s financial year. The secretary must acknowledge in writing the receipt of the nomination.
For a nomination to be valid it must comply with Standard Module Section 18 which prescribes –
Self nominating lot owners must sign and date the form themselves
Lot owners nominating someone other than themselves must sign the form and have the nominated person sign and date it, and state the nominator’s lot number
The nomination must state the nominated person’s name, the position for which that person is nominated, and whether the candidate is a lot owner
If the candidate is not a lot owner, the nomination must state the candidate's residential or business address, and the basis of the candidate's eligibility to be nominated
The nomination must state the details of any payment sought by the candidate to be made to the candidate for carrying out Committee duties (Note: It is not the norm for committee members to receive payments for their duties)
Where a lot owner owns 3 or more lots in a scheme comprising 7 or more lots, they are entitled to nominate one individual for committee member for each lot they own, up to a maximum of 3 nominations. However if the scheme comprises 6 or less lots, an owner of multiple lots may only nominate up to 2 individuals for committee membership.(Section 17 (1) & (2)).
If insufficient numbers of nominations are received it may be possible to nominate for committee membership from the floor during the course of the meeting. (See the heading ‘Number of Members of the Committee’ for what the sufficient number will be).
With some exceptions, committee positions are open to owners of lots (Standard Module Section 10). One exception is that both the nominee and the candidate must be financial at the timed election of the nominee.
Where a lot owner owns multiple lots in a scheme and owes a debt on any one of the lots at the time that the nomination is received and/or the committee is chosen that person or a person nominated by that lot owner is ineligible to be a voting member of the committee.
A non-owner may also be a member of the committee if they are nominated by a member who does not owe the body corporate a debt, and –
- They are a member of the nominating person’s family (“Family” means an individual’s spouse, a child of the person or of the person’s spouse where the child is older than 18, parents, brother, or sister – Standard Module Section 10 (5))
- They are acting under an owner’s power of attorney
- In the case of a company, a director or secretary of the nominating company owner
- The duly authorised representative of a subsidiary scheme.
A Community Manager will hold a non-voting position on the committee. The only other non-voting member of the committee is the Caretaker (Resident Unit or Building Manager).
From time to time committee members will seek reimbursement for travel expenses to attend committee meetings when they do not live close by or for stationary and telephone expenses associated with their role on the committee. A motion nust be submitted with the nomination for inclusion on the Annual General Meeting Agenda and clearly state the reimbursement sought for Committee Members expenses associated with attending Committee Meetings under Section S43(b) (Standard Module) and Section 43 (b) (Accommodation Module) of the Body Corporate and Community Management (Regulations 1997) and repealed regulations 2008.
