We are a small strata of four and we have 2 new owners in the last 60 days. Three weeks ago we had an AGM. At the nomination stage for strata committee, one lot had a written nomination for its co-owner [me], another lot co-owner orally nominated and the nominee of a company owner orally nominated and the fourth lot was represented by a proxy. The strata manager accepted an oral nomination from this proxy representing the fourth lot. This decision was challenged as per sec 31, but the strata manager refused the challenge and defended her decision based on history and sec 9. She persisted to repeatedly encourage the two new owners to set the committee number at four. This she achieved.
The minutes state: ” Upon further review after the meeting closed management have confirmed that only Owners / Company Nominees are entitled to be nominated onto the Strata Committee. As such, as the Owners Corporation resolved to set the number of committee members to 4, XXX (being a proxy holder) position will be set to Vacant until a written nomination from the owner of lot 4 is received, and a committee meeting held in order for lot 4 to be appointed onto the committee.”
Does this abide by the legislation?
.