#21678
Jimmy-T
Keymaster

    @mailbox said:
    One wonders whether the person concerned has legal capacity to, in the first instance nominate herself to stand, and in the second instance if she were to be nominated by someone else whether she would have capacity to accept the nomination. If she attends and votes at meetings and she is the person that makes quorum but due to the dementia  is subsequently found not to have legal capacity at the time of the meeting it raises a point as to whether any of the motions or resolutions of the committee are valid.

    Good point.  But does anyone have the capacity to say so and prevent her from standing.  And let’s not forget that decisions made while an EC is not strictly “legal” are accepted as being in good faith.  A lot of harm could be done while this person was serving on the EC and before anyone could prise her off it.

    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.