#28532
Jimmy-T
Keymaster

    This is a weird one because the law says that people who were eligible for election who later become ineligible, must vacate their seat on the committee.  However, it doesn’t say anything about committee members who were ineligible for nomination in the first place.

    But let’s assume that they were only ineligible because of the way they were nominated – e.g. they would have been OK if someone else had nominated them –  what’s going to happen?  

    My bet is that, if they are onside with the majority on the committee, they will resign and the committee will then co-opt them to fill the vacancy created by their resignation.

    Now, you might be able to make a point by challenging the nominations  and election – and you could probably take this to NCAT and get a result – but will you really achieve anything?

    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.