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Topic
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NSW: To be nominated for election to strata committee, do you all potential nominations need to be on the AGM agenda when sent out to lot owners OR, can a nomination be put forth at the time of the AGM?
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Replies
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Eligible candidates can just raise their hand at the meeting, but technical eligibility is a whole other matter.
Section 31 tells us who is eligible:
- The sole owner of a lot (who may self-nominate)
- A nominee of a company that is the sole owner of a lot
- An individual who is a co-owner of a lot if they are nominated by an owner who is not a co-owner of the same lot
- An individual who is a co-owner of a lot if they are nominated by their co-owner who is not a candidate for election
- An individual who is not an owner, if the person is nominated by an owner who is not a member of, or is not seeking election to the strata committee.
Restrictions
A sole owner may not nominate more than one person for election unless they own multiple lots in the scheme, in which case they may nominate a candidate for each lot that they own.Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, unless they own multiple lots.
Ineligibility
Section 32 tells us who is NOT eligible for election.
- the building manager for the strata scheme, unless they are also owners in the scheme
- a real estate agent connected with leasing in the scheme, unless they are also owners
- Anyone connected with the original owner (developer) or building manager, unless they disclose that connection at the meeting at which the election is held and before the vote.
- any other person prescribed by the regulations.
- An owner who was an unfinancial owner at the date notice was given of the meeting and who has not paid the amounts owing before the meeting.
- A previous member who has been removed from the committee under section 35(1)(e), for 12 months from the day the resolution was passed.
NB: These regulations change from time so it’s worth checking back with the latest version of the Act. Also, the actual voting process is highly regulated (and widely ignored), including that it is invalid to print a list of candidates on the voting paper before the 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.
- This reply was modified 2 weeks, 5 days ago by .
To answer the question – a nomination for election to the Committee can be provided either before the AGM, or at the AGM, provided it is valid. You don’t need to include it in the AGM agenda.
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