Unfinancial committee members | Strata Committees | Flat Chat Forum: Your Questions Answered




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Unfinancial committee members
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Felix
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19/04/2017 - 12:21 pm
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I believe you discussed electing an Owner who is non financial to the SC recently.

Can this Owner be elected to the SC?

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JimmyT
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19/04/2017 - 1:13 pm
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You can elect just about anyone to the committee provided they are not a rental agent or building manager who is not also an owner.

However, someone who is unfinancial can't nominate another  person or self-nominate.

Also, if at the time of specific strata committee meetings the SC member or the person who nominated them is unfinancial, then their vote doesn't count (see the extract from the Act below).

That's why all nominations for strata committee elections at AGMs need to be in writing (or at the very least, recorded).

Schedule 2, Part 3 Meeting procedure
9 Decisions at meetings
(4) Voting rights cannot be exercised if contributions not paid
A member of the strata committee is not entitled to vote on any motion put or proposed to be put to the strata committee if the member was, or was nominated as a member by a member who was, an unfinancial owner of a lot in the strata scheme at the date notice of the meeting was given and the amounts owed by the unfinancial owner were not paid before the meeting.

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Zijerfex
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26/04/2017 - 12:18 pm
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Hi Jimmy

 

Your post here seems a bit confusing. Are you saying that, at meetings after that which the SC member was appointed, then that SC members vote is not counted if the person who nominated them at the original meeting is subsequently non-financial (even if the elected SC member is financial at the subsequent meeting)? i.e. the elected SC member's vote at SC meetings is only valid so long as the original nominator remains financial? That seems a bit counter-intuitive to me.

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JimmyT
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26/04/2017 - 1:10 pm
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Yes. it does seem a bit mad but I can't see any other interpretation of Section 9 (4)[see above].  

Cutting out the extraneous non-relevant bits you get: "A member of the strata committee is not entitled to vote ... if the member ... was nominated ... by a member who was an unfinancial owner ... at the date notice of the meeting was given and the amounts owed ... were not paid before the meeting.

You can't be nominated by an unfinancial owner in the first place - which might be another interpretation - but then your nomination would be invalid and you wouldn't be on the committee.

Interestingly, this refers to members, not lot owners so maybe it only applies if you were nominated to the committee by a member of the committee who later on becomes unfinancial.

I will dig a little further

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