scotlandx said
A non-financial owner can’t nominate themselves or anyone else to the EC. Making a nomination and being on the EC are two different things. Nomination is like voting, you have to be financial to do it.
Martyn said
Thank you. Can you point out where this is legislated or proscribed? I am happy with the answer if I can be pointed to such.
Here it is, hot from the Act – it doesn’t mention being financial but you can’t vote if you aren’t financial and it says the ability to nominate is restricted to those who can vote.
9 Restriction on moving motion or nominating candidate
(1) A person is not entitled to move a motion at a meeting or to nominate a candidate for election as a member of the executive committee unless the person is entitled to vote on the motion or at the election.
The issue of whether or not you are ‘financial’ is deal with here:
Persons entitled to vote at general meeting
(8) Voting rights may not be exercised if contributions not paid
A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count 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 that are owing at the date of the notice for the meeting.
And finally, since the Strata Act finds it easier to say what CAN’T be done, here is the section that effectively allows people who are NOT financial to be nominated by those who are.
Constitution of executive committees for strata schemes with more than 2 lots.
(4) A person is not eligible for election as a member of an executive committee unless the person is:
(a) an individual who is an owner,
(b) a company nominee of a corporation that is an owner, or
(c) an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.