› Flat Chat Strata Forum › Strata Committees › What happens if the EC can’t agree who the Office Bearers will be? › Current Page
There is probably an easier way of appointing the office bearers. Section 18 of the Strata Schemes Management Act 1996 (the Act) states that the office bearers must be appointed at the first Executive Committee Meeting. Given that this has not occurred, the Executive Committee should seek to convene a further meeting to sort out the differences. In the absence of the Secretary (which is the case in your circumstances) any Executive Committee member may convene a meeting where he or she is requested to do so by not less than a third of the EC members (see clause 7(1) of Schedule 3 to the Act).
I suggest that each EC member submit to the Executive Committee their Curriculum Vitae (which may be attached to the Notice of the next EC meeting). Whoever is best suited for each office bearer's position should be nominated to that position. For example, a person with an accountancy background will be best suited to the position of treasurer and the person with an administrative background more suitable to the position as secretary. A person with experience in the board room or corporation conduct would be most suited for the position as chairperson. Obviously, not all members will be an exact fit, however, it is a matter of discretion and experience.
If the matter is still not resolved thereafter, I suggest that an application be filed pursuant to section 19 of the Act at the Consumer, Trader and Tenancy Tribunal for an order that a further EC meeting be convened and that particular persons be established to the office bearer's positions based on their background knowledge and experience.
Loraine Booth
TEYS Lawyers
The Strata Law Experts
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