Dementia sufferer wants to be elected

Ageing is not an issue that we immediately associate with apartment living … but it should be. Retirees and empty nesters are among the largest social groups moving into apartments. Security, level access, location and the lack of any need to maintain the building are big attractions for older people.
But there physical and mental issues that come with ageing and theses can have an impact on strata neighbours in a way that doesn’t affect people living next door in houses.
Flat Chat reader Annabel wrote to us about a long-term owner in a relatively small block of units who was very ill a few years ago: “We were told that she has early stage dementia which is keeping with the conduct we’ve experienced.
“She has done significant damage to the building over the years (which the Owner’s Corporation has paid for) and her behaviour around the building can be quite distressing, including urinating and other unsavoury things.
“Now she wants to join the Executive Committee.  She has a friend in the building who might support the application and a new owner who doesn’t know the history of her behaviour well enough to believe this is an issue.
“Most of the owners don’t attend the AGMS.  Is there anything we can do?”
This is one of those situations where a compassion needs to be laced with a good dose of pragmatism. Political correctness aside, the simple fact is that some people suffering demetia and other conditions that come with age, can’t be safely left on their own.  However,  you often don’t discover this until some mishap occurs.
In strata, while there are more people around to keep an eye on their neighbours, it also means that, for instance, accidental fires can impact on a lot more people than in a free-standing house.
Getting back to Annabel’s neighbour, there is a reasonable concern that this lady may become disruptive at meetings or, at the very least, add unnecessary confusion to proceedings.
We were told only this week about a building where an owner suffering early stage dementia was given the job of treasurer because she was keen and had an accounting background.  Not only did she forget to do the accounts, she forgot that she had been appointed to the role.
Our advice to Annabel is to talk to the woman’s friends about how you can make her feel part of the community without actually having her on the committee.
In NSW, if need be, you can “rig” the EC election by deciding at the AGM to have the numbers on the EC that are one fewer than would allow the lady in question to join.  A vote will then be taken and, if you have enough support, she will not be elected.
As sneaky as that may seem, this is something you should organise before the AGM. Reassure yourself that this can’t happen without the broad support of your community. 
Removing someone from the committee after they have been elected requires a special resolution at a general meeting which needs the support of 75 percent of those voting.
In Victoria, however, she can nominate herself and, unlike in other states, there’s no simple method of limiting the size of the committee to exclude individuals (it can have as many as 12 members, as opposed to NSW’s nine). You can, however, remove committee members by a simple majority of 51 percent at a general meeting but that’s a distressing situation you’d want to avoid.
There is one sneaky option – owners can’t nominate for committees if they are behind in their fees (levies).  So maybe you could be less than diligent in collections just before the AGM.
Long term, you need to talk to professionals about the implications for the health and safety of your community and the woman in question. Google “dealing with dementia” and you’ll find lots of websites offering help and advice.
You can find the original post and FlatChatters’ comments HERE
A version of this article has also appeared on the Sydney Morning Herald’s and Age’s online pages and in the print edition of Domain.