… She suggested one lot with 2 owners each be nominated and run for election (so that lot would have 2 members on the committee) …
This may not have been the case when this attempt at committee stacking occurred, but Section 31 of the Act currently says:
(4) 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).
(5) A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.
[The committee secretary] rewrote history by withdrawing the motion from the agenda (something I doubt is legal once an agenda is distributed and the motion about to be voted on).
For the record, this was perfectly legal and probably not as unusual as you might think. Section 15 of Schedule 2 of the Act says: “The chairperson at a meeting may rule a motion out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by-laws of the strata scheme or would otherwise be unlawful or unenforceable.”
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.
- This reply was modified 1 year, 8 months ago by .