Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #8943
    Sunny
    Flatchatter

      I am seeking a succinct answer as to whether a non-financial owner can nominate for the Executive Committee.

      I have found nothing to the contrary(except a strata manager and Chair disallowing). Obviously they cannot vote at a general meeting until they are financial, but an unfinancial owner can still exercise their responsibilities duties at EC meetings.

      Maybe I am muddying the waters a bit but I feel I am correct as you do not even have to be an owner to be on the EC(you only have to be nominated by an owner). Therefore it would be a little odd  to disallow someone who is not financial at a point in time and accept someone, nominated by an owner who may or may not be financial, who may have no direct financial interest(or even be a debtor!).

      If shown to be correct, how do these nominations get re-instated? I have read about EGM’s etc but is there any reasonable path to have them accepted, acknowledging that the disallowing was a simple mistake? Nothing else to complicate things. Less than nine nominations all up. Office bearers agreed and not in dispute

    Viewing 6 replies - 1 through 6 (of 6 total)
    • Author
      Replies
    • #19053
      scotlandx
      Strataguru

        A non-financial owner can’t nominate themselves or anyone else to the EC.  Making a nomination and being on the EC are two different things.  Nomination is like voting, you have to be financial to do it.  The issue is whether the owner making the nomination is financial.

        once someone is on the EC they may become non-financial but that doesn’t prevent them from voting in their capacity as an EC member.

        #19054

        You should always make sure you are financial prior to a general meeting if you want your opinion to count.

        If you can not manage to pay outstanding levies prior to the meeting and you wish to nominate for the EC you should ask another owner who is financial to nominate you. Be aware though that you will be “representing” their lot and should they subsequently sell, your position on the EC will become vacant.

        #19055
        Sunny
        Flatchatter
        Chat-starter

          @scotlandx said:
          A non-financial owner can’t nominate themselves or anyone else to the EC.  Making a nomination and being on the EC are two different things.  Nomination is like voting, you have to be financial to do it.  The issue is whether the owner making the nomination is financial.

          once someone is on the EC they may become non-financial but that doesn’t prevent them from voting in their capacity as an EC member.

          Thank you. Can you point out where this is legislated or proscribed? I am happy with the answer if I can be pointed to such.

          #19057
          scotlandx
          Strataguru

            Clause 9 of Schedule 2 of the Act provides that a person is not entitled to move a motion or nominate a person for election to the EC unless they are entitled to vote on the motion or at the election.

            Clause 10 para 8 provides that an owner can’t vote if contributions haven’t been paid.

            Clause 10 deals with entitlement to vote.  So the cumulative effect of the two is that if you are non-financial you can’t nominate someone to the EC.

             

            #19058
            Jimmy-T
            Keymaster

              scotlandx said 

              A non-financial owner can’t nominate themselves or anyone else to the EC.  Making a nomination and being on the EC are two different things.  Nomination is like voting, you have to be financial to do it.  

              Martyn said 

              Thank you. Can you point out where this is legislated or proscribed? I am happy with the answer if I can be pointed to such.

              Here it is, hot from the Act – it doesn’t mention being financial but you can’t vote if you aren’t financial and it says the ability to nominate is restricted to those who can vote.

              9   Restriction on moving motion or nominating candidate

              (1)  A person is not entitled to move a motion at a meeting or to nominate a candidate for election as a member of the executive committee unless the person is entitled to vote on the motion or at the election.

              The issue of whether or not you are ‘financial’ is deal with here:

              Persons entitled to vote at general meeting

              (8) Voting rights may not be exercised if contributions not paid

              A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count unless payment has been made before the meeting of all contributions levied on the owner, and any other amounts recoverable from the owner, in relation to the lot that are owing at the date of the notice for the meeting.

              And finally, since the Strata Act finds it easier to say what CAN’T be done, here is the  section that effectively allows people who are NOT financial to be nominated by those who are.

              Constitution of executive committees for strata schemes with more than 2 lots. 

              (4) A person is not eligible for election as a member of an executive committee unless the person is:

              (a)  an individual who is an owner,

              (b)  a company nominee of a corporation that is an owner, or

              (c)  an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.

              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.
              #19065
              Sunny
              Flatchatter
              Chat-starter

                @scotlandx said:
                Clause 9 of Schedule 2 of the Act provides that a person is not entitled to move a motion or nominate a person for election to the EC unless they are entitled to vote on the motion or at the election.

                Clause 10 para 8 provides that an owner can’t vote if contributions haven’t been paid.

                Clause 10 deals with entitlement to vote.  So the cumulative effect of the two is that if you are non-financial you can’t nominate someone to the EC.

                 

                Thank you for the references. Much appreciated

              Viewing 6 replies - 1 through 6 (of 6 total)
              • You must be logged in to reply to this topic.

              Flat Chat Strata Forum Strata Committees Current Page