Executive Holders versus EC members

It seems to me the non-office bearers want the best of both worlds.  It's what the British newpaper proprietor Lord Northcliffe called “the preogative of the harlot – infuence without responsibility.”

The fact of the matter is that the office bearers are elected by the other EC members so the Secretary and the other members of the Opposition could vote the chair and treasurer out any time they liked and vote themselves in. But then they would have to do the work.

The “one EC member, one vote” concept is enshrined in legislation to the point that it spells out that the chair doesn't even have a casting vote.  The corollary of your situation is visible in ECs where the incumbents have managed to convince other members that they have proxy support from the AGM (invalid) or greater unit entitlements (ditto) and then run the buildings to suit themselves.

You can reduce the size and composition of your EC at the next AGM.  Personally, if I were in that position I would resign from the chair (but not from the committee) and let them see how it feels to have the tables turned.

That's correct.  The differences are in the process – the secretary is assigned to call meetings, send out agendas and minutes etc etc. The chair's role is largely undefined.

You certainly can be a member.  You have to be nominated an owner but you can nominate yourself (unless you are a co-owner, in which case you need to get the other so-owner to nominate you).

This normally happens at an AGM where the process is to call for nominations, then decide how many members there will be on the EC (max 9, min 1) then if there are more nominations than seats, a vote is held.

Alternatively, if a vacancy appears during the year between AGMs, the EC can (in fact, must) co-opt someone to fill it.  That person then serves out the remainder of the term until the next AGM.

We are often asked about how many people should be on an executive committee and whether a husband and wife (co-owners) can both be on an executive committee. The answer is –

1.  It is better that an executive committee has an odd number so that there are no deadlocks in voting. 

2. An executive committee should not have more than nine members. (Schedule 3, Clause 2 (2) of the SSMA)

3. Anyone can be nominated by an owner as a member of an executive committee. (Schedule 3, Clause 2 (4) of the SSMA). 

4. Co-owners can both be nominated as candidates for office, however both co-owners must be nominated by another owner of a lot. (Schedule 3, Clause 2 (5) of the SSMA). However, this is often discouraged as conflicts arise when two or more co-owners of the same lot are members of the executive committee.

Dear Sharyn Machin,

Thank you so much for articulating the sentiment about non-owners being on ECs and I would love it if you could elaborate even more.

We have a similar problem. With our laissez-fare, apathetic and self-interested EC, an elderly, grudge-holding tenant with several axes to grind is probably the most powerful figure in our block of 36. He is empowered by EC office bearers, their proxies and a lazy strata manager and doesn't always do the wise, prudent or right thing.

I'm satisfied nobody is watching the pennies; day-to-day cleaning and gardening is not being properly overseen, nor is any emergency work.

Neil

Hi guys,

   I don't know if it's appropriate to post it here or not, the question is can somebody be in EC or even a chairman when he holds only a quarter of a share of his one-bedroom flat? Does he need a proxy to attend body corp meeting or any types of meeting? Is there any law? Many Thanks.

snoopy said:

Hi guys,

   I don't know if it's appropriate to post it here or not, the question is can somebody be in EC or even a chairman when he holds only a quarter of a share of his one-bedroom flat? Does he need a proxy to attend body corp meeting or any types of meeting? Is there any law? Many Thanks.

Hi snoopy

Are you saying that there is a one bedroom flat with four residents where you live?

Surely that is not legal, let alone for one of the residents/tenants to have any say in building management???????

By the way we are not all “guys”.

Muffin said:

Thanks Jimmy, so what we need to do is to have enough votes at the next AGM to vote on having an EC of 3 members instead of 5, otherwise we have to put up with the 3 people who are always voting against logic and reason. My next AGM is next Monday, wish me luck.

Hi Muffin – there is another solution (subject to the number of units in your strata plan) which is simply to find 2 other unit owners (or nominees) for your EC. I think it can be a good thing to have a bit of disagreement so you can actually work out democratic solutions from genuine debate. A bit harder sometimes, admittedly.

I'm always a bit concerned about why people choose to wipe out opposition in a committee, rather than just force a proper election. I look forward to the day our strata scheme has more nominees for EC than numbers to elect – that means a real election, where unit owners have to make choices rather than simply acquiesce to the will of the more outspoken unit owners (of which I am one).

Don't get me wrong, I do understand the frustration of dealing with people who may have a personal gripe against you – imagine if they put their energy into something constructive! As a reluctant EC secretary I prefer to try to educate owners and encourage their involvement, since in the long run this could mean I can stand down from the job when someone else is ready to fill it.