#62804
Jimmy-T
Keymaster

    Assuming this is in NSW, Section 35 (2) says this

    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 … or a vacancy in the office of an officer of the owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

    Which bring us to who is eligible and who isn’t and for that you need to refer to Section 31 and Section 32 of the Act.

    But basically the committee decides on who it wants to fill the empty seat.  The owner of the two units would only have one vote in this regard and it doesn’t have to be an owner, although other restrictions apply as per sections 31 and 32.  There is no strict nomination procedure here.  The committee should call for volunteers (although it doesn’t have to, especially if there are agreed candidates) and then select the person they think is best suited to the role.

    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.