Thanks for the clarification on the committee eligibility Jimmy. The section of legislation that you have included has an interesting implication for our strata plan where two co-owners are on the committee on the basis that they own two lots.
Although section 4 states that “only one co-owner of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5)”, it is not really clear whether this still applies if two co-owners own two lots.
And where it says “except as provided by subsection (5)” how could this change the eligibility?
Subsection (5) refers to multiple nominations, not multiple positions on the committee. “An owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner”. Does that necessarily over-ride section 4?
If, for example, there was a strata plan of six lots where I own two, two co-owners own two and two others own one each. The two co-owners could have control on a committee of three (which was them and me), even though I own as many lots as they do. I suspect that this is what the legislation was intending to avoid.
Do you think both co-owners can be on a committee in this situation?