Will making it easier to sack committee members lead to tit-for-tat motions?

Has anyone reviewed the Strata Legislation Amendment Bill 2023 (attached with explanation and speech) going through the NSW Parliament at the moment?

Among provisions are reducing the voting threshold for removing a strata committee member from 75pc of those voting to 50.1 per cent:

The proposed amendment also says the former member is not eligible for appointment or election as a member for the period of 12 months commencing on the day the resolution is passed.

The current Act says a member can be removed from the strata committee if 75 percent of voters at a general meeting agree to a special resolution

Also this in the new Bill: “Schedule 3[7] makes clear that the members of a strata committee may be elected at a general meeting called to elect members of the committee and not just at an annual general meeting.”

THESE changes, in a fairly evenly balanced stratum of conflicting interests of which I’m aware, could be a formula for intermittent skirmishing via GMs. Are they really progress?

The legislation, even now, requires no reason, although where the Tribunal wants to “vacate” a member, it does face suggested reasons indicating failures in duty. The proposed law is similar to that of Queensland’s, which is responsible for difficult such disputes ending up in BCCM adjudication.

NB: This post makes a good point but it has been heavily edited to take out all the references to the detailed minutiae of Bills and Acts.   This is not a peer-reviewed academic journal.  Try to get to the point and cut out all the repeated references would be my advice. Meanwhile readers will find an explanation of the new laws and links to all the relevant documents at the end of this post, HERE.- JT.

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