#56851
Jimmy-T
Keymaster

    Just to clarify:

    1. The member who has moved to Brisbane continues to be a member until such times as he has sold his apartment.  Even after that, he can be validly nominated for re-election to the committee by another owner (provided they are not nominating themselves) but they can’t simply roll on with their membership.  See Section 35 of the Act which says “An elected member of a strata committee vacates office as a member … if the person was eligible to be a member at the time of election and the person ceases to be so eligible …”
    2. The secretary can call a general meeting at any time (Section 19)
    3. In the past, the Tribunal has declined to overturn the decisions made at a technically invalid meeting where the technical error wouldn’t have made any difference to the outcome.  This is different from the majority making a decision that it’s not entitled to make.

    Getting back to the committee members asking owners to dissolve the committee, this  would only happen if they could get enough votes to pass a special resolution to sack all the members of the committee and it sounds like they don’t have that.

    If they resign, rendering the committee permanently inquorate, just be ready to apply to NCAT to become temporary secretary with a view to holding new elections ASAP.

     

    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.