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I may be wrong but as I understand it, a tenant can be elected to the EC if the owner of that lot (landlord) nominates them, no?
So, if the owner (the tenant’s landlord) gives his proxy to another owner, does that owner have the right to elect the tenant (using the first owner’s proxy)?
If so, does the tenant have full voting rights (regarding financial decisions)?
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An owner can nominate anyone to sit on an EC – so even a non-landlord can nominate a tenant – and if there are fewer or the same number of candidates as there are seats then they will join the EC without there being an election.
This person is not a proxy – they are a fully fledged member of the EC and entitled to vote on anything the EC is allowed to vote on.
The same owner can then give their proxy to another owner so that the second owner can vote for their nominee.should it come to an election.The likeliest scenario for this would be when an owner lives interstate and their unit is rented by a friend who is prepared to represent their interests on the EC. Any group of owners who object to a tenant being on the EC only has to make sure there are enough candidates and enough votes to preclude this. For the record, I’m in favour of long-term tenants being on ECs – they represent the majority of unit residents and often have more interest in the liveability of the building than, say, investors who are only looking for a quick profit.
One other point on the question of voting on financial matters – the EC is restricted on what it can spend over and above what the Owners Corp has budgetted at its AGM. And tenants don’t get a vote at the AGM.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Just to clarify, as Jimmy has mentioned, there are two separate things an owner can do:
– give their proxy to someone to vote at a general meeting
– nominate someone to be a member of the EC – that can be anyone
If you give your proxy to someone to vote at a GM, that can’t be used to nominate someone to the EC. If you want to nominate someone to the EC, this is a separate requirement that needs to be put in writing or if the owner is at the meeting, they can nominate the candidate in person. I have had to point this out quite a few times at meetings, it drives me crazy!