Who Can Sit on a Body Corporate Committee?
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A body corporate committee is usually made up of lot owners who have been elected by owners at the Annual General Meeting (AGM). The committee acts on behalf of the body corporate and makes decisions about the day-to-day management of the scheme.
Only one owner or nominee per lot can serve as a voting member of the committee at the same time. Exceptions apply where the committee would otherwise fall below three members, or where an owner owns more than one lot in the scheme.
Different regulation modules under the Body Corporate and Community Management Act 1997 (BCCM Act) – Standard, Accommodation, Commercial, and Small Schemes, can affect specific rules around eligibility and nominations. Notably, under the Specified Two-lot Schemes Module, there is no committee at all. The information below applies generally to schemes under the Standard, Accommodation, Commercial, and Small Schemes Modules unless otherwise stated.
Can Any Owner Be on the Committee?
Generally, financial lot owners can nominate for election to the committee each year at the AGM. However, a person is not eligible to be a voting member of the committee if they:
- are a body corporate manager
- are a service contractor or letting agent
- conduct a letting business for multiple lots in the scheme
- are an associate of a body corporate manager, service contractor, or letting agent
- are a lot owner who owes money to the body corporate at the time the committee is chosen
- have been nominated by a lot owner who owes money to the body corporate at the time the committee is chosen
If there are more nominations than available positions, owners vote to elect committee members.
Can a Family Member of an Owner Be on the Committee?
Yes. A family member of a lot owner may be eligible to serve on a body corporate committee as the owner’s representative. An eligible family member means:
- the lot owner’s spouse, including a de facto spouse
- children of the lot owner or their spouse who are over 18 (including step-children or adopted children)
- the lot owner’s parents or step-parents
- the lot owner’s brother or sister
The family member does not need to own a lot to be nominated. Their eligibility is based on their relationship to the owner, and they must not be disqualified under the legislation – for example, they cannot be a body corporate manager or service contractor.
This provision can be particularly useful where an owner wants a spouse, adult child, or another family member who is actively involved in the property to participate in the governance of the scheme.
How Many People Can an Owner Nominate?
Each lot owner can only nominate one eligible person for committee membership. However, that one person can be nominated for more than one position on the committee.
If an owner owns more than one lot in the scheme, they may be able to nominate more than one person:
- 2 lots: may nominate 2 people
- More than 2 lots in a scheme with 7 or fewer lots: may nominate 2 people
- More than 2 lots in a scheme with more than 7 lots: may nominate 3 people
If there is more than one owner of a lot, only one nomination may be made by all the owners of that lot combined.
Can a Lot Owned in a Company Name Be Represented on a Committee?
Yes, but the company itself cannot be a committee member, only an individual nominated by the company can stand for election.
The company may nominate any of the following individuals:
- another lot owner
- a director of the corporation
- the secretary of the corporation
- another nominee of the corporation
The nominated individual is then eligible to stand for election to the committee. If elected, they act on behalf of the company as the lot owner, not in a personal capacity. Like all committee members, they must meet the standard eligibility requirements and must not be disqualified from holding office.
Why Are Committee Members Usually Owners?
Committee members are often owners because the decisions made by the committee directly affect the community in which they live or own property. This helps ensure that those making decisions have a genuine interest in the maintenance, financial management, and long-term success of the scheme.
In Summary
A body corporate committee is generally made up of elected lot owners and, in some cases, eligible representatives of owners, including family members, power of attorney holders, and corporate nominees. Only one owner or nominee per lot can serve as a voting member at the same time.
Not everyone is eligible to serve. Body corporate managers, service contractors, letting agents, and their associates are disqualified, as are owners who owe money to the body corporate at the time the committee is chosen.
The committee is responsible for making decisions on behalf of the body corporate, while service providers such as body corporate managers and caretakers provide support but do not vote on committee matters.
Eligible Committee Members FAQs
Can tenants be on a body corporate committee?
In most cases, no. Committee membership is generally reserved for owners or eligible representatives of owners. A tenant may only qualify in limited circumstances under specific provisions of the applicable legislation.
Can the body corporate manager be on the committee?
No. A body corporate manager is not a member of the committee and cannot vote on committee decisions. They may attend meetings to provide advice and administrative support, but decision-making authority remains with the elected committee.
Can a caretaker or building manager be on the committee?
No. A caretaker or building manager may attend meetings when invited or required but is not an elected committee member and cannot vote on committee motions.
Can someone be removed from the committee?
Yes. A committee member can be removed by a majority vote of lot owners at a general meeting. A member may also vacate their position automatically if they become ineligible, for example, if they take on a role as a body corporate manager or service contractor, or if they fall into arrears with the body corporate.
Can a committee member be paid for their role?
Generally, no. Committee members are volunteers and are not entitled to be paid for carrying out their committee duties. However, the body corporate may reimburse a member for reasonable out-of-pocket expenses incurred in carrying out those duties.
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Who Can Sit on a Body Corporate Committee?
A body corporate committee is usually made up of lot owners who have been elected by owners at the Annual General Meeting (AGM). The committee acts on behalf of the body corporate and makes decisions about the day-to-day management of the scheme.
Body Corporate Quorums for AGMs
A quorum is the minimum level of attendance needed to ensure that decisions are made with enough owner representation behind them. It exists to protect fairness, accountability, and the integrity of the decision-making process within a scheme.