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Hi, Think there has been something on this in the forum, and a friend is asking if an owner got an order to pay money back to body corporate, can they still vote at meetings. Also, can they still serve on the strata committee if the amount continues unpaid?
Thanks very much any insights.
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A Tribunal order to pay an amount to the owners corporation would also include a date by which that amount must be paid. I would say the person is not yet unfinancial unless that date has passed and the order has not been complied with.
As for being on the committee, I would be concerned if I were another committee member that the committee as a whole operates very carefully to avoid conflict of interest by the member with the order against them and that the committee clearly and transparently operates in the interest of the OC as a whole. The member should voluntarily absent themselves from committee consideration of matters relating to the Tribunal matter and that should be minuted. Regardless of what might be permissible (and I am not sure), I think it is a situation to avoid as far as possible.
The law in NSW on committee members who become unfinancial is that they have to inform the committee in writing that they are unfinancial but the Act specifically excludes them from being removed from the committee (see below).
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 (other than because the person is an unfinancial owner),
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