#63926
Jimmy-T
Keymaster

    There is another option which is probably a long shot and that is to take action at NCAT under Section 238, for the removal of a committee member.

    Section 238 says this:

    238   Orders relating to strata committee and officers

    (1)  The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

    (a)  an order removing a person from a strata committee,

    (2)  Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

    (a)  failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

    (b)  failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

    While it would be hard to argue the specifics of either 2a or 2b you could argue that the absent member never intended to serve on the committee and, as such, misled the owners when they stood for election.  The very fact that they announced that they would not serve for a whole year and passed their vote to another owner immediately after the AGM may be considered grounds for removal.
    Remembering that this will have to go to mediation first, your committee might decide to rescind the substitution rather than allow a vacancy to be created that they would be under pressure to fill.
    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.