#18977
Jimmy-T
Keymaster

    It’s different way out West.

    The salient points in this case are that the nominations for election to the committee have to be presented either in writing or orally at the AGM, so your developer wasn’t properly elected anyway unless there was a lketter of nomination or a verbal nomination at the last AGM.

    Secondly, the “pre-nomination” by virtue of a by-law goes against the statutory requirements for the conduct of election, so it was probably incompetent in the first place.

    When it comes to changing by-laws and removing members of the committee, you need a special resolution at a general meeting.

    To hold the general meeting in the first place, you will need to have given 14 days notice of the meeting and what was to be discussed (and where and when) to all lot owners.

    And, just when you think the Eastern states could not make strata law more complicated, our Western cousins have found a way. A special resolution in WA requires that at least 50 percent of lot owners are in favour (either by a vote in person or by proxy) and that no more than 25 percent of owners actually voting are against the motion.  Best of luck when you start getting 200-lot schemes, 50 percent of which are owned by investors.

    Thankfully, the strata laws and regulations of WA are laid out pretty concisely in THIS document. 

    But if the meeting was held under the terms laid out here, and the resoltion was passed by the approprite number of owners. the developer may be just whistling in the dark to get this overturned.

    However, WA is near the start of a process of educating arbitrators and adjudicators, many of whom, judging by our experiences in the Eastern states, probably don’t ‘get’ strata law (or strata living in general).  In that case, all you can do is keep your fingers crossed that you don’t get an adjudicator who decides that the laws is stupid and of course the developer should be entitled to certain privileges.

    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.