Nominations and eligibility for body corporate committees (other Acts)
This page explains how you can nominate someone to be appointed to a body corporate committee, and who is eligible to be a voting member on the committee.
Read about nominations and eligibility for body corporate committees if your body corporate has a CMS registered.
Committee elections
Bodies corporate must hold a committee election at their annual general meeting each year.
The committee for a higher-level body corporate is called an executive committee. To avoid confusion with the executive members that form part of all body corporate committees, this page refers to these committees as higher-level committees.
Eligibility for a committee
Subsidiary body corporate eligibility
A person is eligible to be elected to a subsidiary committee if they are either:
- a lot owner
- a company nominee of a corporation that owns a lot
- nominated by an individual lot owner.
Who is not eligible
A person, or their associate, is not eligible to be a voting member of the committee for the body corporate or a body corporate in the same development or resort—called an associated body corporate—if they:
- owe a body corporate debt to their body corporate or an associated body corporate
- are a body corporate manager
- have a service arrangement or letting arrangement
- have another agreement or arrangement for providing services or amenities to owners (e.g. a utility service).
A lot owner is still eligible if the associate’s relationship to them is a close family relationship.
Community or precinct body corporate eligibility
A person is eligible for membership of a higher-level committee under the Mixed Use Development Act 1993 (MUD Act) if they are either a:
- member of the body corporate (a lot owner)
- nominee of a corporation that is a lot owner (a corporation can be a subsidiary body corporate or a registered company).
However, they or their associates cannot owe a body corporate debt to the body corporate or an associated body corporate. (This applies to associates of a business nature. A lot owner is still eligible if the associate’s relationship to them is a close family relationship.)
Who is not eligible
A person, or their associate, is not eligible to be a voting member of the committee for the body corporate if they:
- owe a body corporate debt to their body corporate or an associated body corporate
- are the body corporate manager
- have a service arrangement or letting arrangement with their body corporate or an associated body corporate.
An associated body corporate means another body corporate in the same development or resort.
Principal or primary thoroughfare body corporate eligibility
A person is eligible for membership of a higher-level committee under the Integrated Resort Development Act 1987 (IRD Act) or Sanctuary Cove Resort Act 1985 (SCR Act) if they are either a:
- member of the body corporate
- nominee of a member of the body corporate.
A subsidiary body corporate can be a member (lot owner) in a higher-level body corporate.
Who is not eligible
The original owner of a subsidiary body corporate—or their associate who is not an owner—is not eligible to be appointed as the body corporate’s nominee once 50% of the lots are sold.
A person who owes a body corporate debt in relation to a lot or lots owned by the person is also not eligible.
Making a committee membership nomination
Subsidiary body corporate nominations
Before the annual general meeting each year, the secretary must send a written invitation to each owner allowing them to nominate for committee membership. There is no form for this—the committee can choose how to write the invitation.
The invitation must be given to each lot owner at least 35 days before the anniversary of the first annual general meeting.
Requirements for nominations
An individual must be nominated in writing and it must:
- name the person nominating
- name the nominee
- give the status of nominee—owner, company nominee or neither
- be signed by the party nominating and the nominee.
Higher-level body corporate nominations
The secretary for a higher-level body corporate (i.e. a community or precinct body corporate under the MUD Act or a principal or primary thoroughfare body corporate under the IRD Act or SCR Act) must send a written invitation to each member of the body corporate allowing them to nominate for the higher-level committee membership. The written invitation must state the eligibility restrictions.
There is no form for this—the committee can choose how to write the invitation.
The invitation must be given to each member of the body corporate at least 3 weeks before, but no more than 6 weeks before, the end of the financial year for the body corporate.
If a body corporate member wants to make a nomination, they must give it to the secretary by the end of the body corporate’s financial year.
When the secretary gets a completed nomination form, they must let the owner know they have received it. They must do this ‘as soon as practicable’, and they don’t have to say whether it is a valid nomination at this time.
Requirements for nominations
Each body corporate member may nominate one person to be a voting member of the higher-level committee.
A nomination must be made in writing, and signed and dated by:
- the person nominated
- the authorising person (if not self-nominating).
A person authorised to nominate another person can be:
- an individual owner nominating another electable person
- a person appointed by the subsidiary body corporate to represent them
- a director, secretary or other nominee of a corporation that is not a body corporate.
A committee nomination must include:
- family name and first or other name the candidate is generally known by
- position or positions the candidate is nominated for
- eligibility category for the candidate (e.g. member of body corporate, nominee of subsidiary body corporate or corporate nominee)
- whether the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate
- candidate’s residential or business address
- name of the member who nominated the candidate
- details of any payment to be made to, or sought by, the candidate from the body corporate for carrying out the duties of a member of the executive committee.
Nominees for a higher-level body corporate
In addition to appointing committee members for their own body corporate, subsidiary bodies corporate must also appoint a nominee to vote at general meetings of their higher-level body corporate. The nominee is the person that will get elected to the higher-level committee.
