#18960
kiwipaul
Flatchatter

    @Matthew said:
    Gday,

    Our Developer, who still owns one unit (out of 14), has it written in to the Schedule 1 by-laws that he has the right to bypass the election process providing he nominates properly for election at our AGM.

    Any thoughts?

    The bylaw that he has passed is illegal as it conflicts with the act Sch 3 Part 1

    2 Constitution of executive committees for strata schemes with more than
    2 lots
    (1) This clause applies to an owners corporation for a strata scheme comprising more than 2 lots.
    (2) The executive committee is to consist of such number of members, being not more than 9, as the owners corporation may determine.
    (3) The members of an executive committee must be elected at each annual general meeting of the owners corporation.

    Therefore it is invalid, so he can only be on the EC if he was voted on, he cannot demand a reserved place. Even if he was on the EC by being nominated and their were fewer nominations than places, if you followed the correct procedure to remove him you are ok.