Delegation of BC Committee Powers
Robert has seen many changes in his apartment complex where he has been an owner for over 30 years. While his décor may not have changed his neighbours and the building certainly have.
The following is a fictional story based on the facts of an adjudicators order.
At the recent AGM a fresh-faced committee was elected, changing the whole team.
Although not in the committee Robert takes a keen interest in the happenings of the Body Corporate Committee. He once held the position of Treasurer so he knows a thing or two about the rules. One Sunday he was reading the minutes from a meeting and found out that Ms McIntyre from unit 34 was given the role of liaison between the Committee and the Body Corporate Manager.
Robert was vexed. He knew from his time as Treasurer that the powers of the Body Corporate could not be given to just one person.
He decided to contact the Committee and ask what the ‘liaison person’ is supposed to do. Unfortunately, despite many attempts, the Committee did not respond to Robert. Nor did the Body Corporate Manager when he escalated the enquiry.
Robert is not one to be left waiting. He was determined to get to the bottom of the matter. It is after all for the benefit of all owners new and old!
Robert submitted an Application with the Adjudicator’s office asking for the Adjudicator to order the appointment of Ms McIntyre as the ‘liaison person’ invalid and declare that the Committee has unlawfully delegated the Body Corporate’s powers to Ms McIntyre.
After two months of checking the letter
box Robert finally received a response from the Adjudicator.
Robert was vexed…
The Adjudicators decision:
The Adjudicator acknowledged the fact that the Committee is not allowed to delegate the Body Corporate’s powers, however, there are exceptions under the Body Corporate and Community Management Act and the Regulation Modules. However, these exceptions were not applicable to the facts at hand.
The Adjudicator went on to say that appointing a liaison person to handle the communication between the Body Corporate and the Body Corporate Manager did not constitute delegation of powers.
In the reasons the Adjudicator mentioned that the meaning of a liaison person was to be the ‘go-between’ person between two separate entities and also mentioned that the Agreement with the Body Corporate Manager required for a liaison person to be appointed by each Committee.
Do you think that someone in your Complex is acting beyond their powers or is using the Body Corporate’s powers without proper procedure being followed? Or are you a Body Corporate Manager who is unsure if information coming from a Body Corporate is correct and should be acted on?
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