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Hi, my question relates to NSW strata. Can an owner-resident or any owner who has been served a breach notice still nominate to be on, or stay on the strata committee? Does it matter how long ago the breach happened?
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The act does NOT bar a person served a breach notice from nominating for the committee.
If there are more candidates than the number of places on the committee, one may find that the votes go against the candidate.
In my opinion, whilst it happens from time to time, the committee members should be setting the example, which means being compliant with the by laws.
In my opinion, whilst it happens from time to time, the committee members should be setting the example, which means being compliant with the by laws.
I’m going to take a wild punt here and guess that the OP doesn’t think he has breached by-laws.
And one other thing, if you have been fined and haven’t paid it, you are unfinancial and can’t be elected to the committee.
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.
The only circumstances I can imagine this happening would be if he was removed from the committee by order of the tribunal and they didn’t put an end date on the suspension.
An historic by-law breach isn’t going to prevent anyone from standing for the committee but, as Kaindub said, it might discourage people from voting for him, if it comes to a vote.
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.
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