Flat Chat Strata Forum Living in strata Current Page

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  • #62311
    Anthony Ng

    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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  • #62318

    You can’t apply conditions to committee membership as Strata Law sets out the terms and it superseded any by-laws.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.

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Flat Chat Strata Forum Living in strata Current Page