Committees for scheme associations

An association must ensure that a committee is elected and constituted in accordance with current legislation. Different eligibility, meeting and membership rules apply for community or precinct and neighbourhood schemes.

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Electing the association committee

An association must ensure that a committee is elected and constituted in accordance with the Community Land Management Act 2021 and the Community Land Management Regulation 2021.

An association committee for an association with 3 or fewer members consists of:

the nominee of each member that is a subsidiary body or other corporation
each other member or the nominee of those members.

An association committee of an association with more than 3 members is to consist of:

the number of persons determined by the association
no more members than the number of association members
no more than 15 people.

Eligibility for nomination to the committee

For a community or precinct scheme
For a neighbourhood scheme

To be nominated, appointed or elected to a community or precinct scheme committee, you must be one of the following:

a member of the association (other than a subsidiary body or another company) who is the sole owner of a development lot in the scheme
a company nominee of a member that is a corporation (but not a subsidiary body) in the community or precinct association
the only nominee of a member of the association who is eligible to be a candidate but is not
a member, or a committee member, of a subsidiary body who has been nominated by a resolution of that body and is the only person it has nominated
an individual who co-owns a development lot in the scheme, and is nominated by another owner who is not a co-owner, or by a co-owner who is not a candidate for election
a company nominee of a corporation that co-owns a development lot in the scheme, and is nominated by another owner who is not a co-owner, or by a co-owner who is not a candidate for election
an individual who is not an owner of a development lot in the scheme and is nominated by an owner of a development lot in the scheme who is not a member of the committee or not standing for election.

To be nominated or appointed to the association committee for a neighbourhood scheme, you must be:

a member of the association (other than a corporation) who is the sole owner of a development lot in the scheme
a company nominee of a member of the neighbourhood association that is a corporation
the only nominee of a member of the neighbourhood association who is eligible to be, but is not, a candidate
an individual who co-owns a neighbourhood lot or a company nominee of a corporation that co-owns a neighbourhood lot, if nominated by an owner who is not a co-owner or by a co-owner who is not a candidate for election
an individual who is not an owner of a neighbourhood lot, if nominated by an owner of a neighbourhood lot who is not a member or is not seeking election as a committee member.

An individual who is a member of the neighbourhood association and not a co-owner of a lot can nominate themselves for election. Only one co-owner of a neighbourhood lot can be on the committee at the same time.

Rules for nomination for election to the committee

The Act and the Regulation set out the process to be followed for the general meeting at which the committee is elected.

The election of the members of the committee at the meeting can be carried out by:

meeting and voting in person, or

using electronic means, or

a mixture of these.

Pre-meeting electronic voting cannot be used.

Nominations

Nominations can be made in writing or orally at the general meeting in accordance with certain requirements. Each nomination must be made with the consent of the nominated person.

Number of candidates

After the chairperson declares nominations have closed, the association must decide the number of members of its association committee, as permitted by the legislation.

Holding a ballot

If the number of candidates is greater than the number of committee members, a ballot must be held in accordance with the legislation.

Ballot papers must be provided by the chairperson to those persons at the meeting entitled to vote. Those persons must then complete the ballot papers and return them to the chairperson.

The chairperson then successively declares as elected the candidate who has the most votes out of the candidates remaining, until all committee places are filled.

If one place remains and there are 2 or more candidates with an equal number of votes, the elected candidate is determined by a show of hands of the persons present and entitled to vote.

Appointing office holders (chairperson, secretary, treasurer)

Once the committee is appointed, they must appoint the chairperson, secretary and treasurer at their first committee meeting. This is in accordance with the nomination and election processes set out in the legislation.

Duties of association committee members

Each member of an association committee has a duty to comply with the community land laws.

Under these laws, members must act with honesty and fairness, due care and diligence, and for the benefit of all owners whenever they exercise a committee function.

Any information obtained as a committee member can only be used or disclosed to carry out a committee function or for another reason allowed under law.

Members must also ensure their behaviour does not unreasonably affect a person’s lawful use or enjoyment of a lot in a scheme or the association property.

If a member has a conflict of interest

Committee members may sometimes have a financial interest in a matter the committee is considering. This can cause a conflict of interest between their financial interest and their duties as a committee member.

When this happens, the member must disclose the nature of their financial interest as soon as possible at a committee meeting. The committee must record the details of the conflict of interest.

Once a member has disclosed a conflict of interest, they must not:

be present during any discussion about the matter
take part in any decision about the matter.

Note: Developers who own lots in the association may be on the association committee. They would also have to disclose any financial interests.

Removing a member from a committee

A committee may remove a member from the committee through the passing of an ordinary resolution.

A member of the committee who has been removed in this way may not serve on the committee for the period of 12 months from the day the resolution was passed.

Including tenants in an association

Registering a tenant to the association

In a community, precinct or neighbourhood scheme, the landlord, or their agent, must complete a tenancy notice within 14 days of a new lease being signed.

The landlord or agent then provides this to the association and the new tenant is registered on the association roll.

If the landlord or agent has not provided notice, the tenant may provide their own notice to the association.

The notice must include the:

tenant's name
address
lease start date
the details of any agent acting on behalf of the landlord.

Notification of a meeting to tenants

Tenants must be notified of a meeting at the same time as members. Copies of other documents may be given to tenants if the association decides.

Tenants can sit on a neighbourhood association committee

Tenants can elect a representative to sit on the neighbourhood committee.

Note: tenants cannot attend or elect a representative for community or precinct committees.

Tenants need to be registered on the neighbourhood association roll to:

attend neighbourhood committee meetings
receive communication
be counted in tenanted lots
nominate a tenant representative on the neighbourhood committee where at least half of the lots are tenanted.

What the tenant representative is entitled to

The tenant representative is entitled to:

receive a copy of the agenda
attend and speak at neighbourhood committee meetings.

Note that they can be asked to leave the meeting if financial issues are discussed.

The tenant representative does not have a vote and is not counted when determining a meeting quorum.

Electing a tenant representative to a neighbourhood association committee

Tenants on the association roll for a neighbourhood association must be advised of the upcoming AGM so they can choose their representative.

A meeting to elect a tenant representative can be held at any time before the AGM. Tenants must receive notice of the meeting at least 14 days in advance of it being held.

Landlords cannot prevent their tenant from nominating a tenant representative.

A tenant representative’s term ends when:

the person stops renting a property in the scheme
they resign in writing to the association
the next AGM ends (after the one at which the tenant representative is announced).

If a tenant representative’s appointment ends early, the secretary should hold a meeting of eligible tenants to elect a replacement for the rest of the term.