@Topsheila said:Can you tell me whether this person who is always non-financial is allowed to be on the strata committee? How is she allowed to vote? I cannot find this information anywhere but I find it very odd that everyone knows she is not financial yet they go along with her being elected every year.
Well, all the information you need is below. This person’s elections and all their votes are invalid. However, unless you can impress upon the committee that this is the case, all the decisions, including the election, will be considered valid as they were done in good faith.
You need to inform the committee and the strata manager that they have been conducting meetings in a non-compliant manner and they need to cease until they sort things out in accordance with the Act.
By the way, it sounds like you have a self-interested chair and incompetent manager. If I were you I’d be be talking to another strata manager ASAP about them taking over as a compulsory appointment before all the big ticket budget items are approved.
Strata Schemes Management Act 2015
Section 32: Persons who are not eligible to be appointed or elected to strata committee
(2) An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.
Schedule 1 Meeting procedures of owners corporation
Part 2 Agendas, nominations and notices
8 Matters that must be included in notice of general meetings
(1) The following matters must be included in, or accompany, the notice given of all general meetings:
(f) a statement that an unfinancial owner … cannot vote at a meeting on a motion … 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.
Part 4 Voting rights and voting procedures
Division 1 General rights to vote23 Persons entitled to vote at general meetings
(8) Voting rights cannot be exercised if contributions not paid
A vote at a general meeting … does not count if the owner of the lot was an unfinancial owner at the date notice of the meeting was given and did not pay the amounts owing before the meeting.
Schedule 2 Meeting procedures of strata committees
Part 3 Meeting procedure
9 Decisions at meetings(4) Voting rights cannot be exercised if contributions not paid
A member of the strata committee is not entitled to vote on any motion put or proposed to be put to the strata committee if the member was, or was nominated as a member by a member who was, an unfinancial owner of a lot in the strata scheme at the date notice of the meeting was given and the amounts owed by the unfinancial owner were not paid before the meeting.
And this is your first step towards putting things right.
Section 24: Order invalidating resolution of owners corporation
(1) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.