Flat Chat Strata Forum Strata Committees Elections Current Page

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  • #8425
    giri
    Flatchatter

      i’ve been on an executive committee before, but then i was asked to be on the exec, and it was an amiable group on the whole. 

      so i’d like to know the formal process to cover the situation where people call on the rules as a way of keeping control.

      its a basic question, but would someone mind outlining the formal process to get onto an exec committee ?

      eg i assume one can nominate oneself at the AGM, but does one need a seconder?

      does a nomination have to be submitted before the AGM if they’re going to insistl on the rules? 

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #16622
      Jimmy-T
      Keymaster

        The process is that at the AGM the owners have to first decide on how many people they want on the EC (minimum one, maximum nine). Then they call for nominations, then if there are more nominees than seats, there is a vote.

        You can nominate yourself unless you are the joint owner of a property in which case you have to be nominated by the other joint owner. You can be nominated by another owner and you can nominate anyone you like, whether they are an owner or not.

        You don’t need a seconder but, if it comes to a vote, you will obviously need support.

        Being a member of an EC can be an incredibly rewarding and valuable experience … depending on the other members. For the same reason, it can be incredibly frustrating and painful. Be careful what you wish for.

        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.
        #16625
        giri
        Flatchatter
        Chat-starter

          mmm, yes,  

          thanks for the info and wise words JimmyT.

          PS I am amazed that someone who’s not an owner can be on the Exec !

          #16631

          Can they? I was under the impression only an Owner could be a member of an EC.

          In my building only Owners are permitted a position as well as only Owners attending meetings, unless of course we invite a tenant or have a request from a tenant to attend a meeting regarding an issue that concerns their Lot and the Owner has not been responsive.

          Cheers CBF Smile

          #16641
          Jimmy-T
          Keymaster

            @considerate band fair said:
             I was under the impression only an Owner could be a member of an EC. In my building only Owners are permitted a position as well as only Owners attending meetings, unless of course we invite a tenant or have a request from a tenant to attend a meeting regarding an issue that concerns their Lot and the Owner has not been responsive.

            I’m afraid your Owners Corp has been breaking the law if an owner has been prevented from nominating a non-owner to the EC.

            It’s tru that only Owners (or their proxies) have the right to attend EC meetings.  But you can nominate anyone to an EC (although if the number of candidates exceeds the number of nominees they have to be voted in).  
            There are cases of long-term tenants being elected to ECs because their landlords think they will look after their interests better than their owner neighbours (especially the non-resident ones).

            This is what the Act says:

            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.
            #16657

            Thanks for the info JT. I am glad our building have so far not been put in that position, where an Owner has nominated a tenant for a place on the EC , so we have not as yet ‘broken the law’, it has just been an interpretation and understanding of the act, clearly myself and our EC did not read thoroughly, so you have certainly given me as usual some further understanding of how we need to run our building.

            Cheers, CBF

            #16661
            Jimmy-T
            Keymaster

              Our building had the original architect as a member of the EC – even though she wasn’t an owner – in the first few years of its existence to help us deal with defects and settling in issues.

              But as a general point, who is going to serve a building better – a long-term tenant or an investor owner who may only be interested in the short-term profitability of their investment (which often means “keep levies low until I can sell at a profit – and to Hell with the sinking fund”).

              I’d prefer a ban on non-residents serving on ECs rather than non-owners.

              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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