23 Oct 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.