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If a member of an Owners corporation has been asked to stand down because of a serious allegation has been made against him until the allegations have been investigated.He has agreed to do that. Then can he come back on the committee as the proxy of other members of the Oc committee and represent them while the investigations are still on going. .
bas
- This topic was modified 1 month, 1 week ago by .
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There is no legally defined process involved in this unless the member resigns from the committee in the hope that they will be re-elected eventually, or if they are sacked by the owners by a simple majority at a general meeting. If they resigned and then wanted to act as a proxy, that would have to be approved at each meeting by the other members of the committee. If they are sacked by the owners, then they can’t be on the committee for at least s year.
But why would you let this person near the committee if they have already been suspended (albeit voluntarily)?
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.
Unlike for a general meeting of the OC where proxies are allowed, there is no provision for a proxy for a committee meeting.
However the committee can agree to another owner standing in place of an absent committee member.
As far as standing down goes, neither the OC nor the committee can remove an owner or a committee member from exercising their rights to attend meetings and vote. Only an order from NCAT can do this, but owners cannot under any circumstances be denied a vote at a general meeting ( unless they are unfinancial)
As far as standing down goes, neither the OC nor the committee can remove an owner or a committee member from exercising their rights to attend meetings and vote.
True for general meetings, not so for committee meetings. For the sake of clarity, in NSW members can be removed from the committee at a general meeting under Section 35 (1)(e). It used to require a special resolution, now it only needs a simple majority and the sacked owner may not rejoin the committee for another year.
35 Vacation of office of elected member of strata committee(1) An elected member of a strata committee vacates office as a member—
(e) if the owners corporation, by resolution at a general meeting, determines that the person’s office as a member is vacated,
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.
The Committee does not have to accept someone standing in for a member. So, the Committee can simply not accept the (proxy?). But any owner can attend a committee meeting to observe the meeting. They have no voice or vote.
But any owner can attend a committee meeting to observe the meeting. They have no voice or vote.
Yup. I should have pointed that out. Like I said, strata is complicated enough without adding to 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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