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How does one remove a committee member who does nothing but upset people to the point that no one will serve on the committee.. We have our agm coming up but not a face to face meeting. Need help.
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First organise as many owners as you can to support your plan – especially those who would serve on the committee if the nasty person wasn’t there.
Then you vote at the AGM to reduce the size of the committee to the same number as that group. This is a mandatory vote that should be taken at the start of the committee election.
Then you present your “ticket” which excludes the disruptive member and ask for people to vote you in as a group because there are things that need to be done and the committee hasn’t been functioning properly.
Also, scrutinise the nominations – for instance, if the disruptive owner is actually a co-owner, he can’t self-nominate, and he can’t self-nominate if he’s behind in his levies.
If anyone objects to your “ticket” strategy, tell them it’s all or nothing. No one is prepared to stand if the previous pattern of disruption and abuse continues.
You can do all this in the virtual meeting without naming names. And familiarise yourself with Schedule 1, and Section 31 and Section 32 of the Strata Act. In fact, print them out so you can quote chapter and verse on the correct procedures which you should insist must be followed.
This is your best chance to fix this problem. Talk to other owners, be prepared and get tough if you need to. Hurt feelings and bruised egos can be dealt with later.
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Doubter
You say the upcoming meeting is not going to be ‘face to face’.
I assume that to mean it is going to be electronic. You may need to double check the rules for electing SC members. I know the Act and the Regulations have had ‘Covid’ amendments in June, but am unclear where that leaves SC elections.
If the number of nominations is 9 or less and the AGM votes an SC number equal to or greater that the number of nominations, all nominated are automatically elected.
If however, a ballot is required, electronic voting is precluded, you must be present to vote. (Clause 10 Regulations)
“Also, scrutinise the nominations – for instance, if the disruptive owner is actually a co-owner, he can’t self-nominate, and he can’t self-nominate if he’s behind in his levies.”
Is that correct, JT? Does one have to be a full 100% owner? Can a co-owner nominate another co-owner?
Is that correct, JT? Does one have to be a full 100% owner? Can a co-owner nominate another co-owner?
A co-owner can’t self-nominate but they can be nominated by their co-owner. Just to be clear, anyone – owner, tenant, the bloke from the cafe round the corner – can be nominated by an owner who is a) not standing for election themselves and b) up to date with their levies. They won’t necessarily be elected, though.
Also, two co-owners from the same lot can’t be on the committee at the same time unless they own more than one lot in the scheme.
Have a look at Section 31 and Section 32 of the Act, for more detail.
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