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Is it still the case in 2022, that you can’t make signing up to a Code of Conduct a condition of membership of your committee as it would breach every owner’s right to be elected?
Is there a Clause in the NSW Strata Schemes Management Act that refers to this point?
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You can’t apply conditions to committee membership as Strata Law sets out the terms and it superseded any by-laws.
However, you can pass a by-law establishing both a Code of Coduct that the owners corporation expects committee members to abide by and a set of standing orders that regulates how committee meetings are run.
If someone becomes disruptive, for instance, during a committee meeting, the chair can ask the committee to cite that person for a breach of the code of conduct.
What are the penalties? It may be very hard (but not impossible) to enforce a Notice To Comply for breaching the code of conduct; easier if it is logical and reasonable.
But if a serial offender is cited several times, it would make it easier to have them kicked off the committee at NCAT or possibly even banned from attending meetings.
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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