[strata1101]

let’s make a clarify, member A bought unit 1, member B bought unit 2, one year later, they become spouses or close partners and both become committee members, and strata committee and OC both are happy with acting member arrangement for a year which member A nominated B as acting member, anything wrong with the member? any clear misconduct not complying with strata act?

strata act does allow acting member attend any meeting of committee on behalf of member A, is anything wrong with member A? or you think member A failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office ?

[strata1101]

this is very complicated situation, if member A and member B are husband and wife, there will be argument why can’t one stand for two while they own property separately. and strata committee and OC both are happy with acting member arrangement for a year. anything wrong with the member? any clear misconduct not complying with strata act?

[strata1101]

Thanks Jimmy for your great reply. Here is an example.
Committee member A and committee member B are good friends, immediately after AGM,  A wants go to holiday for a year, and submitted substitute nomination form and authorize B as acting committee member, then committee approved the nomination.

Can we confirm following

1. member A does not need to submit the form any more for all the following committee meetings before next AGM
2. member B got two votes, one for B and one is on behalf of A
3. above points 1 and 2 complies with strata act section 34

what’s your opinion?

[strata1101]

I agree with JT’s early post that the first substitute nomination form doesn’t make quorum in the first committee meeting after AGM, it does need approval. but once approved in the first meeting, section 34(2) has clear saying

(2) The owner or company nominee appointed is, while so acting as a member, taken to
be a member.

that means acting member is a committee member, and will not lose this member status even after the meeting, so if this acting member attends next committee meeting, then this acting member should makes quorum. am I correct?

[strata1101]

of course I mean there is quorum as precondition. I agree with your last post, if your thinking is right, then at the first committee meeting immediately after AGM, one member can’t attend and submit a substitute nomination form and committee approved the substitute as acting member, then this acting member should be allowed to attend at any meeting of the strata committee until next election of committee at AGM. is this correct ? if this is correct, then there is another problem, does this acting member makes quorum for next meeting?

[strata1101]

I have a question to JT, section 34(1) has the words, with the consent of the strata committee, does this mean that  with the consent of the majority members who attend the meeting every time?  for example,  if  all nine members attended the meeting this month, can this committee give an approval to the acting member for next meeting? does this comply with section 34?

[Author]

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