Flat Chat Strata Forum Strata Committees Current Page

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  • #8702
    confused1
    Flatchatter

      A few quick questions…

      1. Can both co-owners from the same lot be on the EC?

      2. If so, do they each have a seperate vote on EC matters or do they just have the one?

      3. Also, can they both be in office bearer positions? (e.g. Chairman & Treasurer)

      4. If co-owner 1 has already nominated a person (a non-owner) can he also nominate co-owner 2? Or is it one nomination per person? (Co-owner 1 isn’t standing for a position)

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    • #17890
      Jimmy-T
      Keymaster

        Co-owners can be on the EC if a) the owner mention first on the roll nominates him or herself and b) if the other co-owner is nominated by a third party. Co-owners can’t nominate each other if they are both standing for election to the EC.
        If they are legitimately elected, they have separate votes and they can both be office-bearers.
        I think owners can nominate as many people as they want (with the above proviso) although I’ve never seen it done so I may be wrong.

        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.
        #17892
        confused1
        Flatchatter
        Chat-starter

          Thanks Jimmy,

           

          Although I’m now confused on another level…

          I thought Co-owners could never nominate themselves? They can only be nominated by the other co-owner if they’re not standing, or a 3rd party?

          #17894
          Jimmy-T
          Keymaster

            @confused1 said:
            I thought Co-owners could never nominate themselves? They can only be nominated by the other co-owner if they’re not standing, or a 3rd party?

            You could be right but it shouldn’t make much difference in the great scheme of things. This is what the Act says in Schedule 3

            (5)  A person who is co-owner of a lot may not be a candidate for election as a member of the executive committee unless the person is nominated for office:

            (a)  by an owner who is not a co-owner of the lot, or

            (b)  by a co-owner of the lot who is not a candidate for election as a member.

            (6)  An owner of a lot who is not a co-owner of the lot may nominate himself or herself for election as a member of the executive committee.

            What it means is that you can’t nominate yourself, as a co-owner, and your co-owning partner (although they can still be nominated by someone else).

            And you can’t cross-nominate each other.  But I seem to recall in the dim recesses of my mind that the first-named co-owner can self-nominate but the second named can’t (although the memory isn’t what it used to be)

            However, unless the co-owners are in dispute, you would expect one of them to be nominated by the other UNLESS the other one was standing for office themselves, in which case they would both need to be nominated by other owners.

            In reality, it’s not that hard to get nominated to the EC by another owner – all you usually have to do is ask.

            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.
            #18372
            Kenuppa
            Flatchatter
              Somewhat related to this discussion, if a unit is listed as owned by only the husband of a married couple, can the wife be nominated and become a member of the EC?

               

              In other words, the wife is not a listed or registered owner of the unit, therefore is she entitled to be a member of the EC?

               

              Thanks,

              Ken

               

               
              #18373
              Jimmy-T
              Keymaster

                The simple answer is yes although the mechanics are a little more complicated. The person listed on the Strata Roll can nominate themselves or they can nominate another person, provided they aren’t standing for election themselves. However, the spouse or any other person who doesn’t even need to be an owner can stand for election provided another owner nominates them. This is how, for instance, strata managers can be elected to the EC.

                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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