#26935
Jimmy-T
Keymaster

    Sadly we don’t have that here in NSW. There is no code of conduct per se but Section 37 says “It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence.”

    In terms of removing the chair, there are three options.

    The first is to put a motion to the executive committee that the position of chair be declared vacant and the strata committee should elect a new member.

    Unless the majority of members of the committee feel the same as you do and there is someone prepared to take her place, the best you can hope for is that this would bring matters to a head and she might be shamed into moderating her behaviour once you have spoken to the motion at the SC meeting.

    And bear in mind that even if replaced, the member would still be on the committee, just no longer as chair.

    The second option is to seek a general meeting at which you get 75 percent of the votes to remove her from the committee completely.  Since people keep electing her, this is unlikely to fly, regardless of how many other people she has upset.

    The third option is to seek orders at NCAT under section 238(a) to remove the person from the committee or 238(c) to remove a person from office (see below).

    However, to do so you would have to prove that they had failed to comply with the Act or the regulations or the by-laws of the strata scheme, or failed to exercise due care and diligence, or engaged in serious misconduct while holding the office. 

    That is a very tough call if you are the only person speaking against her. I would suggest talking to a couple of other members of the committee, telling them that you are at the end of your tether and that you want her brought into line before you are forced to pursue one of the above options which, regardless of the outcome, would be disruptive to the community and distressing for all involved.

    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,
    (c) an order removing one or more of the officers of an owners corporation from office and from the 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. 

    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.