The body corporate may delegate some of its duties and powers to a committee; particularly duties that relate to the administration and management of the development.
A body corporate committee is a subset of the body corporate and is elected by the body corporate. The body corporate may delegate some of its duties and powers to a committee; particularly duties that relate to the administration and management of the development.
In order to be elected on to the body corporate committee, the person must be the owner of a principal unit, or a director or trustee if the unit is owned by a company or trust.
The body corporate can delegate some of its duties and powers to a committee by passing a special resolution and then issuing a notice of delegation to each member of the committee.
The notice of delegation must:
- contain a description of the duty or power and any restrictions on the body corporate committee’s power to perform the duty or exercise the power
- specify the duration of the delegation
- contain a statement that the notice of delegation is evidence of the body corporate committee’s authority to perform each duty or exercise each power that is being delegated
- specify the frequency of the body corporate committee’s reports on the delegation to the body corporate.
The committee must meet within a month of receiving the notice of delegation and then as often as it considers necessary. The committee decides on any matters under its delegated duties and powers by a simple majority of votes.
The committee must regularly report to the body corporate on its activities. The report must include a description of the duties or powers that have been delegated to the body corporate committee during the period covered by the report; and an update on the fulfilment of those duties or the exercise of those powers by the committee.
If a unit title development has 10 or more principal units the body corporate must form a body corporate committee, unless it decides not to by special resolution. A body corporate of less than 10 units may decide to form a committee.
Any decisions made by the body corporate committee must be decided by a simple majority of votes.