#81429
Jimmy-T
Keymaster

    The obvious answer is to limit the number of members on the committee by taking a vote ay your AGM under the provisions of Section 39B of the UTMA.

    39(b) if there are 4 or more members of the owners corporation—the members of the corporation must, at a general meeting, decide—

     (i) by ordinary resolution to have 3 to 7 executive members; or

     (ii) by special resolution to have 8 or more executive members.

    That means if more than seven owners want to be on the committee then your owners corp would need to pass a special resolution and that would require not more than two owners or 25 per cent of the unit entitlement holdings to vote against it. I would them move that your committee be reduced to five and hold an election.

    I would also propose asking the owners corporation to pass an instruction to the strata committee that they must name in the minutes any committee members who miss two or more consecutive strata committee meetings and then hold a general meeting to discuss their removal from the committee under the terms of Section 39(5).

    I would warn the owners that failure to adopt a workable system for the strata committee could lead to the appointment of an Administrator who would take away a lot of their decision making powers and cost  the scheme more both in terms of paying their fees and indirectly from the the administrator’s requirement to do everything according to the letter of the law.

    By the way, this would also apply to schemes in NSW which now have the power to remove non-functioning committee members by a simple majority at a general meeting.

    Finally, you posted this exact same question three times.  I was very close to deleting it completely.  How many times do I have to ask people not to post multiple times?

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