Community Titles Act 2018

Unless the scheme by‑laws provide otherwise, the council of a community corporation for a community titles scheme is to be constituted of —

each community corporation of another community titles scheme that belongs to the scheme; and

for each lot in the scheme, a person who is the owner, or, if the owner is a body corporate or if 2 or more persons own the lot, a nominee of the owner, of the lot.

The following persons are not eligible to be, or to be nominated as, a member of the council of a community corporation —

a scheme manager of any community corporation in the community scheme;

according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws;

a Chapter 5 body corporate within the meaning given in the Corporations Act 2001 (Commonwealth) section 9.

A person is not entitled to nominate a candidate for appointment or election as a member of the council or an officer of the community corporation unless the person is entitled to vote on the appointment or election.

If a member of the council of a community corporation becomes a person who is not eligible to be a member or to be nominated as a member, the person ceases to hold office.

For any period for which a member of a community corporation owes an outstanding amount of contributions to the community corporation, the member or nominee of the member cannot vote on any matter as a member of the council of the community corporation.

An officer of a community corporation must be a member of the council of the community corporation.

If a community corporation is a member of the council or an officer of another community corporation, subject to its scheme by‑laws —

the person assigned the function of presiding at meetings of the community corporation is taken to be authorised to perform on its behalf its functions as a member or officer; and

if that person is absent or is unable or unwilling to act, the council of the community corporation —

must authorise another individual to do so; and

may revoke the authority of an individual so authorised.

Subject to subsection (2), a body corporate other than a community corporation is eligible to be a member of the council of a community corporation or an officer of a community corporation.

A body corporate other than a community corporation that is a member of the council of a community corporation or an officer of a community corporation —

must authorise an individual to perform on its behalf its functions as a member or officer; and

may revoke the authority of an individual so authorised.

Neither the council of a community corporation nor an officer of a community corporation can delegate functions under this Act or the scheme by‑laws.

An act or proceeding of a council of a community corporation is not rendered invalid by reason only of a vacancy in its membership or a defect in the appointment or election of a member.