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Topic
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My husband’s name is not on the Title of the strata unit we live in, it is in my name. He has attended all General meetings on our behalf and after 12 years has been asked to become a member of the EC. He was an accountant who also managed his companies’ properties and now he is retied and has the interest and time to become an EC member.
He has been reading up on ECs prior to his first meeting and It would seem he may have a problem with his membership of the EC as he is classified as “not an owner” and he would need some sort of authority from me as my name is on the Title Deed.
He has been unable to find what sort of authority, or proxy form or how and when it should be presented, or if my Power of Attorney would suffice?
Your advice would be appreciated.
Regards
Flanet
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Replies
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Assuming you are in NSW, all you have to do is nominate your husband, provided you are not standing for election yourself.
Otherwise, any other owner who is not standing for election can nominate him. In other words, anyone who is a non-owner can be elected provided they are nominated by an owner who is not standing for election.
This is what the Act says:
(4) A person is not eligible for election as a member of an executive committee unless the person is … (c) an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.
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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