#25882
Jimmy-T
Keymaster

    I think I may have a partial answer for you. Under Section 18 (below) any member of the committee can declare that a member has a conflict of interest in discussing and voting on anything that may impact on a business in which they have a direct or indirect interest.

    Those members of the committee then have to absent themselves while the remaining members discuss whether or not they should be allowed to be part of the discussion and vote on the item. if the numbers fall the right way, they would not be allowed to be part of the discussion

    I don’t know how the numbers stack up on your committee but it sounds like you have the opportunity to remove the rental agents from any discussions about issues that affect tenants – which is just about everything.

    Have a look at the clause and see how that adds up for you 

    18 Disclosure of pecuniary interests
    (1) If:
    (a) a member of a strata committee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting, and
    (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the strata committee.
    Maximum penalty: 10 penalty units.
    (2) A disclosure by a member at a meeting of the strata committee that the member:
    (a) is a member, or is in the employment, of a specified corporation or other body, or
    (b) is a partner, or is in the employment, of a specified person, or
    (c) has some other specified interest relating to a specified corporation or other body or to a specified person,
    is a sufficient disclosure of the nature of the interest in any matter relating to that corporation or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
    (3) Particulars of any disclosure made under this clause must be recorded by the strata committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the strata committee.
    (4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the strata committee otherwise determines:
    (a) be present during any deliberation of the strata committee with respect to the matter, or
    (b) take part in any decision of the strata committee with respect to the matter.
    (5) For the purposes of the making of a determination by the strata committee under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
    (a) be present during any deliberation of the strata committee for the purpose of making the determination, or
    (b) take part in the making by the strata committee of the determination.
    (6) A contravention of this clause does not invalidate any decision of the strata
    committee.
    (7) Without limiting subclause (1), a person has an indirect pecuniary interest in a matter if a person connected with the person has a direct interest in the matter.

    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.