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Hello, Firstly – thankyou very much for such an informative and helpful website and forum discussions.
- I was unable to attend my strata AGM (NSW).
- I gave my proxy to vote to another owner.
- I did not give a nomination for a position on the EC in writing to this owner.
- As I was not at the AGM I could not orally nominate for a position on the EC.
- I now find I was ‘voted’ as Secretary of the EC.
- The Strata Manager informs me that as’ I provided a proxy to the other owner to vote on my behalf, I was kept on the EC by that owner’ AND after I again asked for clarification ‘The proxy states to vote on all matters on your behalf’
- I believe that the Strata Manager has not followed the Act. Reference https://www.austlii.edu.au/au/legis/nsw/consol_reg/ssmr2010333/s17.html
Could you please comment on whether the Strata Manager is correct or I am?
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Do you want to be on the EC? IE Are you just questioning the process or do you not want to be there? If the latter, then just resign. You can’t be compelled to be on the EC!
It’s as simple as Peter says, if you don’t want to be secretary or even on the EC, just resign.
For the record, the regulations say this about nominations for EC elections:
A written or oral nomination made for the purposes of such an election is ineffective if it is made by a person other than the nominee unless it is supported by the consent of the nominee given:
(a) in writing, if the nominee is not present at the meeting, or
(b) orally, if the nominee is present at the meetingA proxy vote is not a written consent to be nominated.
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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