#25298
Jimmy-T
Keymaster

    @supersleuth said:
    Our current secretary has been in their position for 9 years & in my opinion, is awful. Our AGM is next week & I have seen that of the date of notice, they are in arrears of. their levies. Can they be voted back onto the EC?  

    Anyone can be voted on to the EC provided they are nominated by someone who is entitled to do so.

    However, owners can’t nominate themselves or anyone else, or vote on any matters, unless they are “entitled to vote” (see below).  I note you use the word “they” if this lady is a co-owner, she can’t nominate herself anyway and if they are in arrears, her partner can’t nominate her either.

    She certainly can’t vote for herself or anyone else and anyone else standing for election can’t nominate her either.

    So, if she hasn’t paid up by the START of the meeting, unless she is nominated by someone who isn’t standing for election and isn’t in arrears too, then her nomination would fail.

    By the way, it is generally accepted these days that presenting a cheque or even cash at the start of a meeting doesn’t clear your debt.  The money has to be in the bank.  

    Most strata managers won’t accept payments of any kind at the meeting and, if they do, the law (below) says payment must be made BEFORE the meeting. You might have to play your cards close to your chest on this, if you plan to ambush the secretary on the night.

    Restriction on moving motion or nominating candidate

    (1)  A person is not entitled to move a motion at a meeting or to nominate a candidate for election as a member of the executive committee unless the person is entitled to vote on the motion or at the election.

    Voting rights may not be exercised if contributions not paid

    A vote at a general meeting … does not count unless payment has been made before the meeting of all contributions levied on the owner, and any other amounts recoverable from the owner, in relation to the lot that are owing at the date of the notice for the meeting.

    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.