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We are considering appointing a tenant representative to our Ex Com. Has any own experience of this? Are there things that we should be aware of? Any tips about appointing such and has anyone had a problem with this?
fred22
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@fred22 said:
We are considering appointing a tenant representative to our Ex Com. Has any own experience of this? Are there things that we should be aware of? Any tips about appointing such and has anyone had a problem with this?Under current legislation, you can appoint anyone you want to the EC provided they are nominated by an owner who is not standing for election him or herself and then elected by t owners at a general meeting. I believe a non-owner can also be co-opted to join the EC to fill a vacancy created by the resignation of a sitting member, provided they are nominated by an owner. A tenant elected to the committee under these conditions would have full voting powers.
Unser the proposed changes to the Act, buildings with more than half of its lots tenanted “may” appoint a tenants’ representative but they will have no voting powers and can be required to leave meetings during sensitive financial discussions.
On the whole, the current system of electing tenants as proxies for owners may be better for tenants. By the way, I have heard of buildings where long-term tenants have even been elected chairman (very successfully) something that will be banned in the new laws.
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.
Great idea to include a long term tenant – after all, it is their home.
We’ve had all owner/occupiers removed from our EC. If you own/live in the building you’re automatically disqualified; the investors/Caretaker have ‘the numbers’.
@fred22 said:
We are considering appointing a tenant representative to our Ex Com. Has any own experience of this? Are there things that we should be aware of? Any tips about appointing such and has anyone had a problem with this?fred22
Hi Fred22, our complex considered this issue a number of years ago. We decided against it on the basis of things may be discussed which go to the ‘ liability’ of owners that are best discussed and decided solely by owners.
It was argued that ‘if it goes to the liability of owners’ the OC should fix whatever the problem is. In practice it is not so simple. Society is becoming ever more litigious and while I am sure there are proper precautions that can be applied it is something to be aware of.
Our OC/EC realised that its position may have appeared unreasonable to some but the interests of owners and tenants don’t always align.
Anyway just something to think on.
And training may help here, and Strata Community Australia provides a free online course on Executive Committee Governance providing participants with basic knowledge about Executive Committee membership in a strata plan.The course covers:
- governance and ethics
- roles and responsibilities
- strata plan interpretation
- administrative matters
- communications.
Go to the Strata Communities website http://www.nsw.stratacommunity.org.au for more information and to access the course and other resources.
@larry_vincent said:
… training may help here, and Strata Community Australia provides a free online course on Executive Committee Governance providing participants with basic knowledge about Executive Committee membership in a strata plan.Good thinking Larry – but considering that most of the EC members I know haven’t done the course, how embarrassing if a tenant turns up knowing more than most of the committee.
Go to the Strata Communities website http://www.nsw.stratacommunity.org.au for more information and to access the course and other resources.
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.
Hi All,
I know a lot of tenants renting who take more care and are much better residents than owners. But having said that, many decisions made by the EC are made considering the finances of the OC and I feel that some tenants would not really feel these decisions in the hip pocket as they may not be paying levies and special levies, rates ,etc.. but looking at and rather considering the amenity of their tenancy. For these reasons I do not believe it a good idea to have resident tenants/renters on the EC making decisions for the Owners Corp.
Cheers,
CBF
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