Think Nicholsons

Dec 12

Body Corporate Tips – Nominating a spouse for a committee position

Body Corporate Tips – Nominating a spouse for a committee position

 

Can an owner nominate their spouse?

An owner may nominate a family member for a committee position, including a spouse.

Who is a spouse?

A spouse can be the husband or wife of the owner, a de facto partner or a registered partner.

Can the body corporate ask an owner to show that their nominee is their spouse?

  1. In Q1 [2015] QBCCMCmr 391, the owner nominated his partner for a committee position. The committee, after asking for evidence that they were de facto partners and being provided with evidence only of a common residency, rejected the nomination on the basis that it was not satisfied there was a de facto partnership.
  2. The adjudicator said that, in circumstances where the owner was fairly new, did not live at the scheme and the committee and owners had not met him or his nominee, it was reasonable for the committee to request evidence that they were de facto partners.
  3. The type of evidence that an owner nominating a spouse may need to provide is:

      (a)    a marriage certificate; or

      (b)    evidence of a registered partnership; or

      (c)    evidence of a de facto relationship, which demonstrates some or all of the following:  

      • the nature and extent of common residence;  
      • whether or not a sexual relationship exists or existed;  
      • the degree of financial dependence or interdependence, including any arrangement for financial support;  
      • the ownership, use and acquisition of property;  
      • the degree of mutual commitment to a shared life, including the care and support of each other;  
      • the care and support of children;  the performance of household tasks;  
      • the reputation and public aspects of their relationship.

Importantly, evidence of a common residence, by itself, is not a sufficient basis to conclude that a de facto partnership exists. If you would like to discuss the above issue, or body corporate issues more generally, please telephone Bronwyn Ablett on (07) 3226 3944.

Bronwyn Ablett

Senior Associate
Bronwyn has experience in the litigation and resolution of disputes predominantly in the Supreme and District Courts and also in the Magistrates Court . Those disputes have included complex commercial disputes, including proceedings against the State.