Body corporate committee

A body corporate committee is a group elected by members of the body corporate. All committee members must be principal unit owners. Committee members that are not ‘natural persons’ (for example, a company) will be able to nominate a director, employee or class of employee to act on their behalf.

The Unit Titles Act 2010 provides that any duties or powers of the body corporate can be delegated to a body corporate committee, except for certain specified matters. Under the Amendment Act, a body corporate will no longer be able to delegate a matter if the Unit Titles Act requires it to be decided by special resolution.

Not all unit title properties have a committee. If there are more than 9 units, the body corporate must form a committee. It can choose not to, but this must be confirmed by special resolution.

A property with 9 units or less doesn’t need a committee. It can decide to set one up by ordinary resolution.

Body corporate chairperson

The body corporate must elect a chair at each annual general meeting. The chairperson of the body corporate will also be the chairperson of the body corporate committee, unless the body corporate decides the committee chairperson will be elected by the committee.

The chairperson’s duties include:

• Preparing agendas and chairing meetings
• Taking minutes
• Keeping financial records
• Signing documents on behalf of the body corporate
• Maintaining a register of unit owners.

The body corporate can also hire a manager. They would take on some of these tasks on behalf of the body corporate.

The role of the chairperson (Unit Titles Regulations 2011).(external link)