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Hello,
I attending an AGM over the weekend and one unit holder nominated a non unit owner to vote on his behalf. After the meeting, the non unit holder was nominated as Chairman by the same unit holder. The same unit holder then nominated himself as treasurer. Can a unit holder have a position on the SC and have his proxy voter also serve on the same committee?
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OK, so somewhere in the middle of all this there must have been a strata committee election and this is what Section 31 (1)(d) of the NSW Act says about the situation you described:
31 Persons who are eligible to be appointed or elected to strata committee(1) The following persons are eligible for appointment or election to the strata committee of an owners corporation—
(d) an individual who is not an owner of a lot in the strata scheme, if the person is nominated for election by an owner of a lot who is not a member, or is not seeking election as a member, of the strata committee.
What that means in broad terms is that the owner concerned could only legitimately nominate a non-owner for election to the committee if they themselves were not standing for election.
Now, there may be a grey area if the owner has multiple properties in which case the owner of Unit 1 can nominate a non-owner and the owner of Unit 2, the same person, can stand for election. Maybe. I’m not sure and, if the owner concerned has multiple properties, I would be checking with Fair Trading or a strata lawyer before I went to the barricades on this.However, if the election was legit, then any bona fide member of the committee can be nominated for any role on it.
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- This reply was modified 1 month ago by .