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Topic
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I understand the new Strata Schemes management Act might come into effect around July this year (2016).
Assuming an existing EC has a member (office bearer) who would not qualify for membership after the new bill becomes legislation (say July) – and an AGM is due a month or two before the legislation is in place. So this person will not be eligible for membership after July.
Is there likely to be any ‘honeymoon’ period for the new legislation implementation? If not, can this person stand for membership at the AGM given they would be ineligible a month or two after? If they are voted onto the EC at the AGM what is the mechanism for standing down in July given they won’t want to go (resignation or dismissal)? How should the position be filled?
Thanks
JC
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The “Savings” provision seems to be in conflict with section 35 which clearly says that if someone ceases to be eligible, then they cease to be a member of the committee. (See below)
The savings provisions seem to be there so that all the by-laws and special resolutions, the make-up of the owners corp and the committee – as a committee – continues regardless of the new legislation.
35 Vacation of office of elected member of strata committee
(1) An elected member of a strata committee vacates office as a member … if the person was eligible to be a member at the time of election and the person ceases to be so eligible.
I’m tending to agree with Whale that it’s no change, but I’m not 100 percent sure and either way I can foresee a procession of disgruntled owners and recalcitrant rental agents heading for NCAT.
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OK, here is the definitive answer from a Ministerial spokesman:
Schedule 3 continues the provisions of the current Act by providing that members of existing executive committees as the time of commencement of the new Act will continue in that role for the balance of their term of appointment.
That is, a person who becomes ineligible upon commencement of the new Act would not be able to be reappointed but their current term of appointment would be continued until the end of their term.
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