Can you confirm that committee members for blocks of flats should be an owner of a flat in the complex
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mohammad mehdi ghanbari
Hello, good morning
While the primary requirement for a committee member of a block of flats is to be an owner of a property in the complex, it is not always a mandatory condition. The specific eligibility criteria can vary based on the governing rules of the body corporate or strata scheme, but in many cases, non-owners can be nominated to join the committee.
General Requirements
The fundamental prerequisite for joining a body corporate committee is being a lot owner within the scheme. This ensures that committee members have a vested interest in the welfare and effective management of the property. To be eligible, an owner must also be entitled to vote, meaning they are up-to-date with their financial contributions and not in breach of the scheme's by-laws. Committees typically consist of three to seven members who are elected at the annual general meeting (AGM).
Who Else Can Be a Committee Member?
In many schemes, an owner can nominate another individual for committee membership, which allows for a broader range of potential members. This opens up eligibility to include:
Non-owners nominated by a lot owner.
Family members of an owner, such as a spouse, parent, or child over 18 years old.
A person holding a power of attorney from an individual owner.
A nominee from a company that owns a lot, such as a director or secretary.
In some instances, tenants may be eligible if the strata's by-laws permit it.
Who is Not Eligible?
Certain individuals are typically considered ineligible to join a committee to prevent conflicts of interest and ensure smooth governance. These often include:
Body corporate managers, building managers, and service contractors, unless they are also lot owners.
Individuals who owe a debt to the body corporate.
Agents for leased lots, if they are not the owner of the lot.
Those with undisclosed connections to the original property owners or building managers.
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