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How do I confirm that a nominee has been correctly nominated?
Under Part 3, Division 1, Section 31 Persons who are eligible to be appointed or elected to strata committee.
Nominees must under certain circumstances be nominated by another owner. Our building is mostly owner occupied. When nominations are called prior to the AGM a nomination form is available on our monthly newsletter and consists of the following: Name of Nominee: …… Signature of Nominee: …. Apartment Number: …….. and Date: ………
In the cases where a nominator is required eg. co-owners there is nowhere for a nominator’s details.
How can we be sure that they have been duly nominated? This is never related to the owners at the AGM when new the new committee is elected.
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Propose at your next committee meeting that, in order to ensure that all the requirements of the Act are satisfied, the committee adds a line for the name and lot number of the proposer to the bottom of the nomination form.
Plus you want a note added at the bottom of the form that says something like:
In the interest of ensuring all members are validly elected and to avoid disputes in the future, under Section 31 and 32 of the Strata Schemes Management Act 2015, the following may not be elected to the committee:
1. An owner who was not financial at the time the meeting was announced who has not paid their levies in full before the start of the meeting. Cheques presented at the meeting are not acceptable.
2. A rental agent or building manager who operates in the strata scheme and who is not an owner.
3. A person connected by business or related to the developer unless they declare this to the meeting before the election.
4. More than one co-owner of a lot
Furthermore, the following restrictions on nominations apply:
a. A lot owner may not nominate more than one person, unless they are the owner of more than one lot.
b. The co-owner of a lot may not nominate themselves and must be nominated by another lot owner or by a co-owner who is not standing for election.
c. Subject to the restrictions above, a non-owner may be nominated provided the proposer is not standing for election.
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This is a weird one because the law says that people who were eligible for election who later become ineligible, must vacate their seat on the committee. However, it doesn’t say anything about committee members who were ineligible for nomination in the first place.
But let’s assume that they were only ineligible because of the way they were nominated – e.g. they would have been OK if someone else had nominated them – what’s going to happen?
My bet is that, if they are onside with the majority on the committee, they will resign and the committee will then co-opt them to fill the vacancy created by their resignation.
Now, you might be able to make a point by challenging the nominations and election – and you could probably take this to NCAT and get a result – but will you really achieve anything?
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