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  • #10806

    Hi 

    i was just wondering if anyone knows under the new strata laws can non owners still run for position of president on Executive Strata Committee please ? I am an owner and my fiancé who lives with me may like to be elected to president.

    thank you so much.

     

    Stephanie

Viewing 11 replies - 1 through 11 (of 11 total)
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  • #26027
    Jimmy-T
    Keymaster

      There is nothing in principle to stop an non-owner being elected to the committee and thence to an office-bearer role.

      However, owners can only nominate one person and only if they are not standing for election themselves.

      Officers of the committee are nominated by other members of the committee (or themselves) and are elected by a show of hands at the committee.  The number of votes cast in electing them to the committee have no bearing on the number of votes in their favour for election to officer roles.

      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.
      #26029

      Jimmy

      Thank you very much for your speedy reply.

      Would I myself (the owner) have to be present at the AGM to be able to nominate my partner as president or could I complete a proxy form prior to the meeting to 1) have him attend the meeting on my behalf and 2) for him to be nominated as president in my potential absence ? (that is if he is voted in by remainder of owners present at AGM and no one else is elected for position of president/chairman at this meeting).

       

      Thanks again

      Steph

      #26030
      Jimmy-T
      Keymaster

        Your fiance can only be nominated by a member of the committee so unless you are also a member of the committee, he would have to first get elected and then get nominated by another committee member.  The regulations seem to specify that the nominations have to be by “another member”.

        I will look into that and report back here.

        You can nominate anyone to act as your proxy provided you do it on the appropriate form (which should be provided with your agenda) and that all your levies are paid up to date BEFORE the meeting.

        So, if you are not at the meeting,  the process would be:

        1. As owner, you sign the official proxy form (you can download a copy here) nominating your partner as your proxy to vote on your behalf.
        2. Your partner would nominate himself for election to the committee.
        3. If elected, he would have to be have to be nominated for election as chairman by another member of the committee.
        4. That nomination can be made before the meeting (although it seems to assume the person making the nomination is going to be elected).

        Here is the relevant section of the new strata regulations:

        11. Nominations for officers of strata committee
        (1) The written notice of the first meeting of a strata committee after the appointment of the committee is to include a call for nominations for chairperson, secretary and treasurer of the committee.
        (2) Any person who is a member of the strata committee may nominate another member for election as any or all of chairperson, secretary or treasurer of the committee.
        (3) The nomination is to be made by written notice given to the person convening the meeting that states the name of:
        (a) the person nominated, and
        (b) the person making the nomination and that the person nominated consents to the nomination.
        (4) The person convening the meeting must include any prior nominations in the notice of the meeting at which the election is to take place. Notice of any subsequent nomination is to be given by the convenor at the meeting.
        (5) A nomination may be made at any time before the election is held and may be made at the meeting.
        (6) If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election is to be conducted by a show of hands of persons at the meeting.

        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.
        #26038


        @JimmyT
        said:
        Your fiance can only be nominated by a member of the committee so unless you are also a member of the committee, he would have to first get elected and then get nominated by another committee member.  The regulations seem to specify that the nominations have to be by “another member”.

        I will look into that and report back here.

        You can nominate anyone to act as your proxy provided you do it on the appropriate form (which should be provided with your agenda) and that all your levies are paid up to date BEFORE the meeting.

         

        Thanks so much again Jimmy. Yes, I am currently a committee member myself so it sounds like I could ask him to attend as my proxy at next AGM in Feb (this means I cannot attend at same meeting right ?) and nominate him as president. There are other committee members who would vote him in as president. I will download proxy form here…Steph

        #26039
        Jimmy-T
        Keymaster

          This is getting more complicated than it needs to. If he has support from other owners, then you should get one of them to nominate him for election to the committee.  There is no need for him to be there as your proxy. Candidacy for the committee is another matter entirely.

          However, people can’t be nominated for election to the committee by someone who is standing for election themselves. Assuming you are standing for election again, get someone who isn’t standing for election to nominate him.  That would be better as it would show that his candidacy has broader support and isn’t a power-grab by related individuals.

          Once you are both elected to the committee you can nominate him for election as an office-bearer.

          Download a copy of Strata Living – the NSW Fair Trading handbook as it explains a lot of this in simple terms. 

          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.
          #26040

          Jimmy

          thanks again…will have a read of this.

          So both of us could potentially be committee members…him as non-owner, myself as owner….and I could get a current non-committee member and owner to nominate him As a committee member somehow prior to the meeting, and then I could nominate my fiancé at the AGM as president…interesting….have asked our strata manager about same but not received clear response on any of this….we really appreciate it….

          oh..and at the AGM we vote as one entity…but both of us can be present, right ?

          Steph

          #26041
          Jimmy-T
          Keymaster

            Yes to all of the above.

            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.
            #27165

            Hi Flat Chat,

            Can you please clarify our unique situation please.

            I’m in NSW and I self manage a small scheme (6 Lots), and I currently hold all three positions on the SC.

            I’ve managed to get all six owners interested in attending our upcoming AGM/SC meeting.

            All six owners have expressed interest in becoming a SC member.

            However there appears to be two groups forming within our scheme.

            What happens if there is an even/tie vote for two people wanting the one position when the election of the Office Bearer’s takes place at the SC?

            Even if we do a poll vote – the UE is equal.

            What happens next?

            #27193
            Jimmy-T
            Keymaster

              Six people on a committee of a building of six lots is too big.  Try to reduce the number of members of the committee at the AGM to a more manageable three.

              Failing that, broker an agreement that one person will take the disputed role for six months while the other takes it for the rest of the year.  This can all be done by a simple vote by the committee and everyone will be able to see who is best at the job.

              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.
              #27194

              Thank you Jimmy,

              Another question for you.

              I anticipate an interesting AGM coming up!

              As the current Chairperson, how do I keep control of the meeting and focus on the motions on hand.

              We have two divisive/argumentative people. (One is an owner and the other is a Proxy Holder) and they always high jack the meeting. At our last EGM – two owners walked out of the meeting in disgust because of the behaviour of these two.

              I need the other owners to stay for the duration of the meeting so we can get things voted on.

              Can I ask these two to leave the meeting after giving them a warning?

              There doesn’t seem to be anything in the Strata Law that I can find that relates to the behaviour of meeting attendees.

              Can you please shed some light on this for me please?

              #27199
              Sir Humphrey
              Strataguru

                Can you talk to the other owners? I suggest you foreshadow your concern exactly as you did here. IE ask them in advance to stick with the meeting to get the business finished and to support you in your role as chair.

                There are formal procedural motions that can be put by anyone to regulate a meeting. By putting such motions, the others would be saying in a cool, calm, formal way that they support you in imposing an orderly meeting structure. 

                Another thing would be for you to announce a time limit on speaking for or against any motion and to take speakers for and against in turn. After a couple of rounds of back and forth you could say that you will only take any further comments before the vote if a person who has not spoken wishes to make a point that has not already been made. 

                If people are interrupting or talking over anyone else, stop the speaker, ask the interrupter to desist and very clearly start the clock from the beginning again for the person who was interrupted. 

                With luck they will get the message. Bullies are often not used to people standing up to them and sometimes fold surprisingly easily when their victims start to show a little less timidity. 

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