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  • #9998
    Enough of Strata
    Flatchatter

      Voting (when requested) to elect the incoming Executive Committee should I understand be based on the lot allocation of those voting.

      Question is:  Is the person who has nominated to be a EC member entitled to vote for themselves OR should they abstain?

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    • #23444
      Sir Humphrey
      Strataguru

        If the nominated person believes themselves to be a worthy candidate, then I see no reason for false modesty. I would vote for myself along with voting for any other candidate I consider appropriate.

        #23446
        Jimmy-T
        Keymaster

          Think of all those grinning politicians at the ballot box on election day.  Do you think they are voting for the other guy?  If you won’t vote for yourself, why would anyone else vote for you.

          Self nomination, however, is different under NSW law.  You can’t nominate yourself if you are a co-owner (but your co-owner can nominate you provided they aren’t standing for election). [Edited]

          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.
          #23447
          Sir Humphrey
          Strataguru


            @JimmyT
            said:
            …Self nomination, however, is different under NSW law.  Self nomination, however, is different under NSW law.  You can’t nominate yourself if you are a co-owner (but your co-owner can nominate you provided they aren’t standing for election). [Edited]

            In the ACT there is virtually no guidance or requirements on how an EC election is to be conducted. Self-nomination is not prohibited. In practice, by tradition, our general meeting have always had EC candidates nominated and that nomination seconded before being considered.

            Most often we have 7 or fewer nominees and the chair just calls for a vote to appoint all nominees as the EC. I only recall one occasion when someone was nominated but did not get on the EC. That year someone wrote on his proxy form that his proxy was directed to vote against me and one other EC member if we were to stand again. For this reason, the chair called for a vote on each member one by one. I was re-elected that year along with my colleague on the EC but a third person did not get majority support to join the EC. 

            We also have a tradition that has no basis in the Act but it serves us well: We have 5 distinct areas on a large site and the chair generally calls for nominations area by area. The intention is to encourage the formation of committees with at least one ‘representative’ of each area. It does not always work out. Often there will be at least one area from which no-one has been nominated. However, most of the time it works out so that most people live close to at least one EC member and are more likely to know that person already. 

            The geographic spread of EC members also means that some matter that needs attention is more likely to be noticed sooner by someone on the committee or brought to their attention. 

            #23449


            @JimmyT
            said:
            Think of all those grinning politicians at the ballot box on election day.  Do you think they are voting for the other guy?  If you won’t vote for yourself, why would anyone else vote for you.

            Self nomination, however, is different under NSW law.  You can’t nominate yourself if you are a co-owner (but your co-owner can nominate you provided they aren’t standing for election). [Edited]

            Hi Jimmy,

            Just read your post… So can two EC members (before being elected) nominate each other? Say like a chair nominate a treasurer or secretary or vice versa?

            My committee have always nominated each other on those positions before allowing other owners join the committee! Can I ask were self nomination is clarified in NSW Law?

            This sounds very fair to me, as it limits autocratic behaviour and may out liability on the ‘other’ owner who votes on a self-serving EC member.

            #23450
            Jimmy-T
            Keymaster

              I have just re-read the law and the regs and it seems a candidate for election to the EC can be nominated by an owner who is him or herself standing for election.  So cross-nominations are allowed provided it’s not co-owners of a lot nominating each other.  

              Have a look at this, specifically Part 5, which describes the process. Meanwhile, (below) here are the basics with one additional point – you can’t nominate someone else if you are not entitled to vote at the meeting, meaning you have to be an owner AND be up to date with your levies to nominate someone (although neither qualification is required to be a candidate).

              2   Constitution of executive committees for strata schemes with more than 2 lots

              (1)  This clause applies to an owners corporation for a strata scheme comprising more than 2 lots.

              (2)  The executive committee is to consist of such number of members, being not more than 9, as the owners corporation may determine.

              (3)  The members of an executive committee must be elected at each annual general meeting of the owners corporation.

              (4)  A person is not eligible for election as a member of an executive committee unless the person is:

              (a)  an individual who is an owner,

              (b)  a company nominee of a corporation that is an owner, or

              (c)  an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.

              (5)  A person who is co-owner of a lot may not be a candidate for election as a member of the executive committee unless the person is nominated for office:

              (a)  by an owner who is not a co-owner of the lot, or

              (b)  by a co-owner of the lot who is not a candidate for election as a member.

              (6)  An owner of a lot who is not a co-owner of the lot may nominate himself or herself for election as a member of the executive committee.

              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.
              #23458

              Hi Jimmy T,

              Im none the wiser… That legislation is so badly formed it doesn’t clarify who can and can’t vote or be voted on clearly. It’s a bit messy in my opinion, but I guess what I’d be concerned about us any conflicts of interest over anyone actually voted on.

              What are the penalties for not abiding by these rules, if any? I bet it’s nothing more than a slap on the wrist if even that!

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