#25859
Jimmy-T
Keymaster

    I think there is enough dubiety in this election to question its validity (especially since they clearly structured the nominations deliberately to circumvent the law).

    I would first of all check who nominated whom, then check if they are actual nominees and if there was any cross-nomination.  People standing for election can’t nominate each other, for instance. And owners who are not standing for election can only nominate one person (per lot that they own). Have a look at 31(1)(c), 31 (3) and 31(4) and  32(b) below.

    Then consider taking action at NCAT under the terms of Section 24 (2) (below) to have another election held.  The obvious fact there has been attempt to circumvent the Act, in a way that subverts the spirit of the Act, is probably not enough to have a new election called but I would be surprised if there wasn’t something technically deficient in the way they did this that renders the election invalid.

    24 Order invalidating resolution of owners corporation
    (1) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
    (2) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of Part 10 (other than Division 6 or 7) of the Strata Schemes 

     

    31. Persons who are eligible to be appointed or elected to strata committee
    (1) The following persons are eligible for appointment or election to the strata committee of an owners corporation:

    (a) an individual who is a sole owner of a lot in the strata scheme,
    (b) a company nominee of a corporation that is a sole owner of a lot in the strata scheme,
    (c) an individual who is a co-owner of a lot or a company nominee of a corporation that is a co-owner of a lot in the strata scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member, 
    (d) an individual who is not an owner of a lot in the strata scheme, if the person is nominated for election by an owner of a lot who is not a member, or is not seeking election as a member, of the strata committee.

    (2) To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself, and an owner that is a corporation may nominate the corporation’s company nominee, for election as a member of the strata committee.
    (3) A sole owner of a lot in a strata scheme may not nominate more than one person for election as a member of the strata committee, except as provided by subsection (5).
    (4) Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).
    (5) A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.

     

    32 Persons who are not eligible to be appointed or elected to strata committee
    (1) The following persons are not eligible for appointment or election to a strata committee or to act as members of a strata committee unless they are also the owners of lots in the strata scheme:
    (a) the building manager for the strata scheme,
    (b) a person who acts as an agent for the leasing of a lot or lots in the strata scheme to tenants,
    (c) a person who is connected with the original owner of the strata scheme or the building manager for the scheme, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed to act as a member,
    (d) any other person prescribed by the regulations for the purposes of this section.
    (2) An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.
    (3) A person who becomes ineligible for appointment or election to a strata committee after being appointed or elected to the strata committee must disclose that fact to the secretary or chairperson of the owners corporation as soon as possible after becoming aware of that fact.
    (4) A disclosure by a person under this section, other than a disclosure that is made at a meeting of an owners corporation or strata committee, is to be made by written notice given to the secretary or chairperson.

    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.