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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.10Eligibility to be voting member
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### sec.10 Eligibility to be voting member
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also—
a member of the body corporate; or
if the nominating entity is an individual—
a member of the individual’s family; or
a person acting under the authority of a power of attorney given by the individual; or
if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or
if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.
However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is—
a body corporate manager, service contractor or letting agent; or
an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or
a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or
a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or
a person nominated by a member mentioned in paragraph (d) .
(sec.10-ssec.1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity ) and is also— a member of the body corporate; or if the nominating entity is an individual— a member of the individual’s family; or a person acting under the authority of a power of attorney given by the individual; or if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.
(sec.10-ssec.2) However, a person who is otherwise eligible under subsection (1) to be a voting member of the committee is ineligible to be a voting member of the committee if the person is— a body corporate manager, service contractor or letting agent; or an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or a person nominated by a member mentioned in paragraph (d) .
- (a) a member of the body corporate; or
- (b) if the nominating entity is an individual— (i) a member of the individual’s family; or (ii) a person acting under the authority of a power of attorney given by the individual; or
- (i) a member of the individual’s family; or
- (ii) a person acting under the authority of a power of attorney given by the individual; or
- (c) if the nominating entity is a corporation—a person who is a director, secretary or other nominee of the corporation; or
- (d) if the nominating entity is the body corporate for a subsidiary scheme in a layered arrangement of community titles schemes—a person who is a representative of the subsidiary scheme.
- (i) a member of the individual’s family; or
- (ii) a person acting under the authority of a power of attorney given by the individual; or
- (a) a body corporate manager, service contractor or letting agent; or
- (b) an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner; or
- (c) a person, other than a letting agent for the scheme, who conducts a letting agent business for the scheme; or
- (d) a member of the body corporate who owes a body corporate debt in relation to a lot or lots owned by the person at the time voting members are chosen; or
- (e) a person nominated by a member mentioned in paragraph (d) .