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Topic
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Q. If 12 owners nominate for membership of the EC at an AGM and there is an agreed membership of 9, does everybody present have to vote for 9 of the 12 nominees or can a person vote only for 5, say?
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Replies
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A non-owner can be elected to the committee provided they are not the scheme’s building manager or a rental agent for properties in the building, and provided the owner nominating them is not standing for election him or herself.
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Hi
Thanks very much for that. Just in relation to voting with a proxy, the Dept of Fair Trading states:
There are limits on the total number of proxies that can be held. The limits held by one person are:
- one proxy vote only for schemes with 20 lots or less, or
- a number that is equal to no more than 5% of the total number of lots if the scheme has more than 20 lots.
If my strata schemes has 18 units and 4 garages, does that mean that it is deemed to be having more than 20 lots?
That depends on whether the garages are separate lots. Have a look at your strata plan and it will tell you, also if the owners pay a separate levy for the garages that means they are separate lots, with the rights (including voting rights) that go with that.
If they are separate lots then your scheme has 22 lots, but it wouldn’t make any difference because 5% of 22 is 1.1 – the result is effectively the same.
Ah, beaten to the punch by Scottie.
It really makes no difference. As she says, it depends if they are part of the residential lot, separate lots, or common property with exclusive use attached.
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Thanks for that (and for working out the math!)… I was thinking hard about that one 🙂
Hi
I’ve just received my Notice of Meeting for our upcoming AGM on 24 August. In regards to the Strata Committee it has listed the motion as being:
- nominations for members of the SC be called and received
- the number of members of the SC be determined and;
- the SC be elected
Would it stand to reason that I’d still only be able to get two people onto the SC through a poll vote?
Yes.