› Flat Chat Strata Forum › Strata Committees › Rogue members call an EGM to disband committee › Current Page
The first thing that occurs is whether or not both M4 and M5 should be on the committee since Section 31 (4) of the Act states: “Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).” FYI, Subsection 5 allows two members of the same household both to be members if they own two separate lots in the scheme.
If both M4 and M5 are owners listed on the title of the apartment (but not on the strata roll) then they may have breached this rule.
But assuming they are both eligible, the EGM can’t kill off the committee unless it’s by a special resolution, as that would effectively mean removing committee members.
However, the simple resignation of the other three members would render the committee inoperable as it wouldn’t be able to achieve a quorum, which it would need to hold meetings and co-opt new members.
If the “oligarchy’ can muster the 75 per cent of votes at the EGM, you could be in trouble. Otherwise you could wait until the dust settled then apply to NCAT (under section 48 of the Act) as surviving members of the committee, to establish a new chair of the strata scheme with the authority to convene a new meeting, establish the numbers for a committee and elect new members.
Your comment about M4 and M5 saying “they will not nominate again” seems at odds with your question. Is that what you meant to say?