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Topic
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The spouse of an owner is on our 4 person EC. The owner has put a proposal to the EC and I would like it to be decided by the other 3 members and for the spouse to absent themselves for this part of the meeting due to conflict of interest. Is there any requirement for this to happen or is it just “good manners”?
Also if the member is allowed to stay and the vote is split 2-2 what next?
Thank you.
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A motion would be defeated on a tied vote as it has to have a majority vote to be passed.
Isn’t ‘the spouse of an owner’ also an owner? An owner can vote on an item they have put on the agenda.
@AJP said:
Isn’t ‘the spouse of an owner’ also an owner? An owner can vote on an item they have put on the agenda.
It’s not as simple as that and a lot depends on how they managed to get themselves nominated to the committee.
The co-owner of a unit has to be nominated for the EC by someone who is another owner who is not standing for election themselves. Self nomination and cross-nomination of co-owners is not allowed.
This is what the Act says:
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.
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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