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  • #63810
    simone42
    Flatchatter

    Hi – we have a strata committee meeting and an apology has been sent with a “substitute nomination” to another committee member -see screenshot – which has that member stating “will do”…We are in NSW and I am unfamiliar with this – is it a proxy ? There was no proxy form filled. Is this valid ?  Any help appreciated – meeting this afternoon :/ Not a harmonious committee. For those following along. NCAT proceedings to stop lift replacement and stopping existing strata committee members from holding office for 5 years have been withdrawn. Thankyou for any help.Screenshot-2022-06-27-055844

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  • #63812
    Jimmy-T
    Keymaster

    Any owner can stand-in for a committee member at a committee meeting, no form required, just a request in writing

    However, the sub’s presence can’t be counted in terms of the quorum (50 percent of the committee’s numbers) and has to be approved at the start of the meeting by a majority of committee members present.

    I don’t know where you got the attached passage which seems to imply that the committee MUST approve the substitute. This is what section 34 of the Act says:

    A member of a strata committee may, with the consent of the strata committee,
    appoint an owner or company nominee of a corporation that is an owner who is
    eligible to be a member to act in his or her place as a member at any meeting of the
    strata committee.

    I’m not seeing anything there that says the committee must approve an eligible substitution. I can think of many situations where the majority of committee members might validly not wish to approve the substitution.

    Scenario 1:  The committee has (say) seven members and only three attend the meeting but one of the three has a request in writing to be a stand-in for a missing member. In this case, the meeting can’t continue in any official capacity (they can still discuss issues but any vote doesn’t count).  The substitution has to be approved by the committee before it can be counted.

    Scenario 2: The same committee has four members turn up – more than 50 per cent, so it is quorate – but two or three of them decline to approve the substitution, which the chair must call for at the start of the meeting.  The meeting continues but there is no extra vote for the absent member.

    Scenario 3: The committee is quorate and the substitution is approved by the other committee members.  The committee meeting continues with the sub’s vote being counted.

    Hope this helps.

    • This reply was modified 1 month, 2 weeks ago by .
    #63841
    86_strata
    Flatchatter

    In my humble view, it’s ultimately up to the owner who they nominate to represent their interests on the OC.  Technicalities aside, I don’t quite see what the fuss is about. You may not agree with the points of view, but they likewise may not agree with you either.  Each to their own.  In Vic, we can have non-owners on the committee representing lot owners as their nominee, for instance due to their greater expertise or interest in serving on the committee.  My committee greatly benefitted from a member who was a professional builder that could read a contract like a hawk – he was a non-owner.

    #63843
    Jimmy-T
    Keymaster

    In my humble view, it’s ultimately up to the owner who they nominate to represent their interests on the OC.

    Well, yes, but there are laws.  For instance, real estate agents who are non-owners and who operate in the block aren’t allowed to be nominated in NSW.  And committee members who have been nominated by owners who later become unfinancial have to withdraw until such times as the levies have been paid. Two owners from the same lot can’t be elected unless one of them is nominated by another owner who isn’t standing for election.

    It’s complicated but there are reasons behind all of these rules, mostly to prevent committees being dominated by cliques and vested interests.

    In my block, we had the original architect on the committee for many years, even though she wasn’t an owner, to the great benefit of the building.

    Now we have a committee none of the members of which have ever stood in a contested election.  They have all been drafted in to fill mid-term vacancies. The chair even encourages people not to retire at the AGM and then wait until after so he can select their replacement without it going to an open vote.  This is strata democracy – or the lack thereof – in action.

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