sec.169Members’ nominees

sec.169 Members’ nominees

A member of a body corporate may appoint a person to represent the member, and to vote on behalf of the member, at meetings of the body corporate. If the member is a subsidiary body corporate, the member must— appoint a person under subsection (1) at its first annual general meeting; and ensure that at all times there is a person appointed under subsection (1) for the member. For any period that, despite subsection (2) (b) , no person is appointed under subsection (1) for a member that is a subsidiary body corporate, the chairperson of the executive committee, or committee, of the subsidiary body corporate is taken to be appointed under subsection (1) for the member. A nominee appointed by a subsidiary body corporate must be— both— a member of the subsidiary body corporate; and a voting member of the executive committee, or committee, of the subsidiary body corporate; or a body corporate manager of the subsidiary body corporate to whom the subsidiary body corporate has delegated 1 or more of its powers. However, subsection (4) (a) (ii) does not apply if the subsidiary body corporate has no executive committee or committee. An appointment under subsection (1) in relation to a body corporate does not have effect until written notice of the appointment is received by the secretary of the body corporate. A nominee appointed, or taken to be appointed, by a subsidiary body corporate must represent the subsidiary body corporate— in the way the subsidiary body corporate directs; and subject to paragraph (a) , in a way that is in the best interests of the subsidiary body corporate. An appointment of a nominee in relation to a body corporate ends when the first of the following happens— the end of 1 year after the appointment; the secretary of the body corporate receives written notice of— the cancellation of the nominee’s appointment; or the appointment of another nominee. A written notice under subsection (6) or (8) (b) must be signed— for an appointment or cancellation made by a member of the body corporate that is a corporation—by the chairperson and secretary of the corporation; or otherwise—by the member. In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan. s 169 amd 2011 No. 27 s 295 ; 2022 No. 28 s 34 (sec.169-ssec.1) A member of a body corporate may appoint a person to represent the member, and to vote on behalf of the member, at meetings of the body corporate. (sec.169-ssec.2) If the member is a subsidiary body corporate, the member must— appoint a person under subsection (1) at its first annual general meeting; and ensure that at all times there is a person appointed under subsection (1) for the member. (sec.169-ssec.3) For any period that, despite subsection (2) (b) , no person is appointed under subsection (1) for a member that is a subsidiary body corporate, the chairperson of the executive committee, or committee, of the subsidiary body corporate is taken to be appointed under subsection (1) for the member. (sec.169-ssec.4) A nominee appointed by a subsidiary body corporate must be— both— a member of the subsidiary body corporate; and a voting member of the executive committee, or committee, of the subsidiary body corporate; or a body corporate manager of the subsidiary body corporate to whom the subsidiary body corporate has delegated 1 or more of its powers. (sec.169-ssec.5) However, subsection (4) (a) (ii) does not apply if the subsidiary body corporate has no executive committee or committee. (sec.169-ssec.6) An appointment under subsection (1) in relation to a body corporate does not have effect until written notice of the appointment is received by the secretary of the body corporate. (sec.169-ssec.7) A nominee appointed, or taken to be appointed, by a subsidiary body corporate must represent the subsidiary body corporate— in the way the subsidiary body corporate directs; and subject to paragraph (a) , in a way that is in the best interests of the subsidiary body corporate. (sec.169-ssec.8) An appointment of a nominee in relation to a body corporate ends when the first of the following happens— the end of 1 year after the appointment; the secretary of the body corporate receives written notice of— the cancellation of the nominee’s appointment; or the appointment of another nominee. (sec.169-ssec.9) A written notice under subsection (6) or (8) (b) must be signed— for an appointment or cancellation made by a member of the body corporate that is a corporation—by the chairperson and secretary of the corporation; or otherwise—by the member. (sec.169-ssec.10) In this section— member , of a subsidiary body corporate that is a body corporate created by the registration of a building units or group titles plan, means a proprietor of a lot shown on the plan.