#28522
Jimmy-T
Keymaster

    Looks like this is OK, according to Section 11 of the strata regulations (below) except that subsection 4 may apply – that the chair or secretary should have included the prior nominations in the notice of the meeting.  If they did, that’s fine; even if they didn’t … I don’t think it’s grounds for a new election.

    11 NOMINATIONS FOR OFFICERS OF STRATA COMMITTEE 

    (1) The written notice of the first meeting of a strata committee after the appointment of the committee is to include a call for nominations for chairperson, secretary and treasurer of the committee.

    (2) Any person who is a member of the strata committee may nominate another member for election as any or all of chairperson, secretary or treasurer of the committee.

    (3) The nomination is to be made by written notice given to the person convening the meeting that states the name of:

    (a) the person nominated, and

    (b) the person making the nomination and that the person nominated consents to the nomination.

    (4) The person convening the meeting must include any prior nominations in the notice of the meeting at which the election is to take place. Notice of any subsequent nomination is to be given by the convenor at the meeting.

    (5) A nomination may be made at any time before the election is held and may be made at the meeting.

    (6) If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election is to be conducted by a show of hands of persons at the meeting.

    (7) Subclause (6) is subject to a resolution referred to in clause 14 (1) (a).

    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.