#60486
Jimmy-T
Keymaster

    I have heard of strata schemes deliberately choosing to have more seats than candidates, so that the elected committee can then co-opt additional members at a later date,

    But my eye has been drawn to the following section of Schedule 1 of the Act:

    35   Vacation of office of elected member of strata committee

    (2)  A strata committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the strata committee, other than a vacancy arising under subsection (1) (d) …

    And 1(d) says this:

    (1)  An elected member of a strata committee vacates office as a member—

    (d)  at the end of the next meeting at which a new strata committee is elected by the owners corporation, or

    It’s a bit murky but it seems to suggest that if the vacancy has arisen during the election of a new committee, then it can’t be filled by co-option. And, if that’s the case, that would mean that leaving seats vacant is not strictly legal.  I’m sure others on this forum will have opinions that may not concur with mine.
    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.