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  • #11423
    SirLunchalot
    Flatchatter

      How do I confirm that a nominee has been correctly nominated?

      Under Part 3, Division 1, Section 31 Persons who are eligible to be appointed or elected to strata committee.

      Nominees must under certain circumstances be nominated by another owner. Our building is mostly owner occupied. When nominations are called prior to the AGM a nomination form is available on our monthly newsletter and consists of the following: Name of Nominee: …… Signature of Nominee: …. Apartment Number: …….. and Date: ………

      In the cases where a nominator is required eg. co-owners there is nowhere for a nominator’s details.

      How can we be sure that they have been duly nominated? This is never related to the owners at the AGM when new the new committee is elected.

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #28517
      Jimmy-T
      Keymaster

        Propose at your next committee meeting that, in order to ensure that all the requirements of the Act are satisfied, the committee adds  a line for the name and lot number of the proposer to the bottom of the nomination form. 

        Plus you want a note added at the bottom of the form that says something like:

        In the interest of ensuring all members are validly elected and to avoid disputes in the future, under Section 31 and 32 of the Strata Schemes Management Act 2015, the following may not be elected to the committee:

        1. An owner who was not financial at the time the meeting was announced who has not paid their levies in full before the start of the meeting. Cheques presented at the meeting are not acceptable.

        2. A rental agent or building manager who operates in the strata scheme and who is not an owner.

        3. A person connected by business or related to the developer unless they declare this to the meeting before the election.

        4. More than one co-owner of a lot

        Furthermore, the following restrictions on nominations apply:

        a. A lot owner may not nominate more than one person, unless they are the owner of more than one lot.

        b. The co-owner of a lot may not nominate themselves and must be nominated by another lot owner or by a co-owner who is not standing for election.

        c. Subject to the restrictions above, a non-owner may be nominated provided the proposer is not standing 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.
        #28524
        SirLunchalot
        Flatchatter
        Chat-starter

          Thanks for that Jimmy T, great advice and I shall propose just that however before doing so what I would like to do is find out if he current members were nominated correctly as I know that many of the 9 are co-owners. And if they aren’t can they be removed?

          #28532
          Jimmy-T
          Keymaster

            This is a weird one because the law says that people who were eligible for election who later become ineligible, must vacate their seat on the committee.  However, it doesn’t say anything about committee members who were ineligible for nomination in the first place.

            But let’s assume that they were only ineligible because of the way they were nominated – e.g. they would have been OK if someone else had nominated them –  what’s going to happen?  

            My bet is that, if they are onside with the majority on the committee, they will resign and the committee will then co-opt them to fill the vacancy created by their resignation.

            Now, you might be able to make a point by challenging the nominations  and election – and you could probably take this to NCAT and get a result – but will you really achieve anything?

            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.
            #28547
            SirLunchalot
            Flatchatter
            Chat-starter

              This election process is systemic and goes back at least 10 years. We have had several rouge chairmen that wrongly think that by achieving the dizzying heights of chairman they are the CEO of a multi-national. Most coming from the pubic sector or big corporate and have finally found their nirvana. The current chair has dressed down several owners, is a bully, I think most psychologists would use the N or P words.

              I have researched the last three committees:

              2015/16 7 members, 2 sole owners, 5 co-owners, 1 possibly in-financial (would be owner if financial, attended just 1 out of 12 meetings).

              2016/17 9 members, 1 sole owner, 8 co-owners.

              2017/18 9 members, 1 sole owner, 8 co-owners (same as previous bar 1)

              Now, if they all resigned they would have to do so one or two at a time in order to maintain a quorum that could co-opt them. The mind boggles, if they (8) all resigned together there would be just one owner, a dictatorship.

              Seriously, this could be the smoking gun we need and actually reduce the SC back to around 5 that has been the norm until this mob have taken control.

              Further, it brings up the question, not unlike what is going on in Canberra at the moment, that items that recent SC’s have done without taking the items to the owners could be overturned.

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