#53180
Jimmy-T
Keymaster

    So I asked the strata manager to give me the reference to sections in the strata Act or Regulations. Here is his reply: “As stated, there Is case against the Owners Corporation and specifically the strata committee, there is a conflict of interest – this was agreed by all parties. Until the case is over, you can request a EGM and join the committee if voted in favour.” Currently there are only 2 members in the committee.

    If there is a conflict of interest it cuts both ways.  It sounds like the strata manager is making it up as he goes. If you were illegally prevented from standing for election, than you can seek orders invalidating the election under Section 24 of the Act.

    I am guessing the correct procedures for the election were probably not followed in any case.  For instance, after the nominations, did they first have a vote to decide on how many members there should be in the committee? Have a look at section 9 of the Regulations, to see if they complied.

    If they decided on more than two, then the existing members can vote to co-opt you on  to the committee (to save having the whole election invalidated).

    Also, if there are more than 100 lots in the building the committee must have at least three members.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.