- This topic has 4 replies, 3 voices, and was last updated 13 years, 10 months ago by .
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Topic
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We have a casual vacancy on the EC. One owner is nominating a spouse who is not a registered owner in our Strata plan. Is this permissible in NSW, iand if so,
only on a temporary basis until the next AGM, or also for ordinary annual elections of committee members?
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Replies
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You don’t have to be an owner to be on the EC, you just have to be nominated by an owner. So there is no issue with a non-owner being on the EC, either on a temporary or more long-term basis, i.e. as a result of appointment at the AGM. However note that you can’t have an owner being on the EC and also someone nominated by them, i.e. you can’t double dip.
In the case of a casual vacancy, the person appointed to fill that vacancy has to be appointed by the OC.
Refer Schedule 3, subpara 4(c):
2 Constitution of executive committees for strata schemes with more than 2 lots
(4) A person is not eligible for election as a member of an executive committee unless the person is:
(a) an individual who is an owner,
(b) a company nominee of a corporation that is an owner, or
(c) an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.
Not quite right – a casual vacancy member is elected by the EC (Executive Committee) not the OC (Owners Corp) – but I’m guessing that was just a slip of the typing finger
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I’m confused about that, subpara 4(2) of Schedule 3 says the OC must appoint someone to the vacancy, but there is no indication of how they are appointed/by whom. You shouldn’t have to go to the owners to appoint them, because that would be a general meeting, which would defeat the purpose, but on its face it’s unclear.
2) When a vacancy occurs in the office of a member of an executive committee (otherwise than by reason of subclause (1) (d)), the owners corporation must appoint a person eligible for election as a member to fill the vacancy. Any person so appointed holds office, subject to this clause, for the balance of his or her predecessor’s term of office.
@scotlandx said:
I’m confused about that, subpara 4(2) of Schedule 3 says the OC must appoint someone to the vacancy, but there is no indication of how they are appointed/by whom.Standard interpretation of this is that the EC, acting on behalf of the Owners Corp, appoints the new member to fill the vacancy. It’s worth noting that, like many of the regulations in strata law, there are no penalties for failure to fulfill this duty … so it doesn’t get done when it suits the powers that be not to do it.
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