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Hi – We have a long-term owner in a relatively small block of units who wants to join the Executive Committee.
She has done significant damage to the building over the years that the Owner’s Corporation has paid for.
She wants to join the Executive Committee – she has another friend in the building who might support the application and a new owner who doesn’t know the history of the damage caused and the behaviour well enough to believe this is an issue.
She was very ill a few years ago and we were told that she has early stage dementia which is keeping with the conduct we’ve experienced. Her behaviour around the building can be quite distressing, including urinating and other unsavoury things.
Most of the Owners don’t attend the AGMS.
Is there anything we can do?
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Yes there is – if you have the numbers.
The number of people on the EC has to be determined by resolution of the owners at the AGM. When that resolution comes up, propose a number that will keep her off the Committee. That is, if you and 2 other people want to be on the Committee, and she is the only other person, then propose that the number is 3. You then have an election to fill the spots and presuming she doesn’t get the votes you are fine.
As I say you can only do this if you have the numbers. Otherwise you may have to talk to her friend and the new owner.
How very sad. If you are in a small block and this lady has been there for years, do you not know this woman? Has she family perhaps you can speak to about her behaviour? Who told you she has dementia? I would like to think in the same situation as you I would try to get some help for her first and foremost. When did we stop caring about our neighbours? I get that she will be a burden on a Committee and should not be in that position. I get that it probably isn’t your problem. But really, stare down that future barrel, who might you be when you are old?
I think you are being a wee bit harsh, here, CBF. It reads to me like this community has been patient and tolerant – fixing up damaged property without penalty, for instance.
But I think the progressive nature of dementia and its disruptive nature raise valid concerns about the future impact this poor woman might have on her neighbours.
A simple and compassionate solution, such as suggested by Scottie, could nip this particular aspect of the problem in the bud.
But I applaud your sticking up for the oldies. Ageing population is a concern in strata because of the large numbers of retirees involved.
However, unlike ‘housies’, we can’t pretend that we are respecting people’s privacy when what we are really doing is ignoring any problems that might exist on the other side of the picket fence.
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.
Point taken and considered…
Cheers
CBF
One wonders whether the person concerned has legal capacity to, in the first instance nominate herself to stand, and in the second instance if she were to be nominated by someone else whether she would have capacity to accept the nomination. If she attends and votes at meetings and she is the person that makes quorum but due to the dementia is subsequently found not to have legal capacity at the time of the meeting it raises a point as to whether any of the motions or resolutions of the committee are valid.
@mailbox said:
One wonders whether the person concerned has legal capacity to, in the first instance nominate herself to stand, and in the second instance if she were to be nominated by someone else whether she would have capacity to accept the nomination. If she attends and votes at meetings and she is the person that makes quorum but due to the dementia is subsequently found not to have legal capacity at the time of the meeting it raises a point as to whether any of the motions or resolutions of the committee are valid.Good point. But does anyone have the capacity to say so and prevent her from standing. And let’s not forget that decisions made while an EC is not strictly “legal” are accepted as being in good faith. A lot of harm could be done while this person was serving on the EC and before anyone could prise her off it.
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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