Changes to Owners Corporations Act 2006 – Committees

Changes to Owners Corporations Act 2006 – Committees

An owners corporation consisting 10 (currently 13) or more lots must appoint a committee.  If there are less than 10 lots a committee may be appointed.

By default a committee consists of between 3 and 7 members.  A committee of up to 12 members may be appointed if this is approved by an ordinary resolution.

Members of the committee may be a lot owner or a proxy holder on behalf of a lot owner if the owner gives consent in writing to the appointment.

A lot owner or their proxy may nominate for the committee in writing if not present the meeting or verbally the lot owner is present at the meeting.

A lot owner who has arrears owing at the date of the meeting is not eligible nor is their proxy if appointed.

If a lot owner is acting as a proxy for another member and the proxy holder has arrears owing to the owners corporation, he or she is not eligible for election.

The obligations owed by the member of a committee now applied to a member of any subcommittee and to:

  • act honestly good faith;
  • exercise due care and diligence;
  • act in the interests of the owners corporation;
  • not make improper use of the position to gain an advantage, directly or indirectly, and for any person, including the member.