› Flat Chat Strata Forum › Strata Committees › How do I confirm that a nominee has been correctly nominated? › Current Page
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?