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Topic
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Can husband and wife joint owners of their lot, both be elected to our Committee and both have a vote on decisions?
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No – unless they own two properties.
Under section 31 of the Act co-owners of a lot can only both be on the committee if they also own another lot. Basically, it’s one seat per lot.
31 Persons who are eligible to be appointed or elected to strata committee
(4) Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).
(5) A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.
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Despite the above, can the couple still turn up to meetings (General ones as well) but only one can speak?
Can a partner (or child) of an owner turn up to meetings if there is only one owner? That is, they are not co-owners?
Ziggy – A non-owner can attend a meeting if they have sought and obtained permission to do so, and may exercise a proxy under certain circumstances.
Tenants are permitted to attend meetings under certain circumstances, and to exercise a proxy vote under certain circumstances.
A support person can attend a general meeting with an owner unless the owners corporation passes a motion to restrict the meeting to lot owners, their proxies, and those who are otherwise entitled to vote (such as mortgagees or covenant chargees or company nominees) only.
Whether the support person is permitted to speak at the meeting is a matter for those at the meeting. A support person must be invited to speak. A support person’s right to speak is not automatic.
A support person is different from a proxy. A proxy is permitted to speak at a meeting. A proxy has the same rights as the owner who has granted the proxy.
If an owner is uncomfortable speaking at a meeting and yet wants their opinion heard at a meeting then it would be best to appoint a proxy who would act on their behalf at the meeting. The owner would not then not be permitted to speak (unless invited to do so) or vote at the meeting as they have given their right to speak and vote to their proxy.
Non owners may be asked to leave the meeting for short periods of time when sensitive subject matter is discussed, including financial subject matter.
We have had similar lengthy discussions on a similar matter HERE. when an owner and her non-owner lawyer sister would both attend meetings and both speak in an effort to harangue the committee
Agreeing on standing orders that limited speakers to one voice per vote worked, up to a point – that point being when the owner became so distressed she was offered the opportunity to step outside and compose herself, which she did … then complained she had been excluded from the meeting! People! What can you do?
But it’s worth looking at the whole standing orders thing if this is an issue for your scheme. Just search “standing orders” (use the magnifying glass symbol at the top of your screen) and you’ll get pages of valuable insights.
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