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Can an owner's kid be on the committee?
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alfredo
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05/01/2019 - 9:59 am
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Can a son or daughter of an owner join the Executive Committee? If affirmative, how?

Second part of the query, what are the rules during the AGM attended by the owner and their son/daughter EC member?

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scotlandx
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05/01/2019 - 10:50 am
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An owner can nominate any person to be a member of the Committee, provided they are not standing for election also. Then it is a matter of whether the person is elected.

The AGM or any other general meeting is a meeting of the owners, it is not a meeting of the Committee. So if an owner wanted a son or daughter to attend a GM on their behalf, they would have to give them a proxy for that meeting.

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Sir Humphrey
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05/01/2019 - 11:02 am
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Agree with Scotlandx. Also: I don’t see any problem with both the owner and the EC member son/daughter of owner attending a general meeting. The EC member offspring might speak on matters as an EC member. When it comes to voting, the owner if present can vote for the unit. The off-spring is not an owner so can’t vote unless appointed as the proxy for the owner. Whoever does the voting on behalf of the unit, there is only one vote per unit (unless it is a poll vote, in which case there is still only one vote but weighted according to unit entitlements). 

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alfredo
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05/01/2019 - 11:34 am
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Thanks scotlandx and sir humphrey.

So the owner and their son/daughter are at the AGM and provided a proxy is in order, either one repeat either one can vote.

Is it legal if both are casting opinions, comments, agreement or opposition to influence the meeting’s agenda in such a way that the son/daughter then vote on an item?

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Jimmy-T
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05/01/2019 - 1:09 pm
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alfredo said
Is it legal if both are casting opinions, comments, agreement or opposition to influence the meeting’s agenda in such a way that the son/daughter then vote on an item?  

Not sure what you mean by this but they can’t both vote on the same issue and they really shouldn’t both be speaking on the same topic (but that’s an issue that would be covered if you had standing orders for meetings, which you probably don’t). People on committees are allowed to influence agendas – that’s one of the reasons they are there.

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alfredo
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05/01/2019 - 2:01 pm
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Thks jimmy. You answered the question.

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Andy
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06/01/2019 - 10:55 am
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alfredo said

Is it legal if both are casting opinions, comments, agreement or opposition to influence the meeting’s agenda in such a way that the son/daughter then vote on an item?  

We have a similar issue. One owner but always accompanied by partner and siblings (5 people in all) who all have their bit to say in a meeting. I think it’s very unfair as they even outnumber the strata committee and tend to shout everyone down. 

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scotlandx
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06/01/2019 - 6:18 pm
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That’s the problem. In the case cited by alfredo you need a strong Chair who advises that the partner and siblings are not owners, and therefore have no right to attend the meeting and should leave. The meeting is a meeting of owners, not owners and their entourage.

In the case where a proxy is appointed, it may be reasonable to allow both the owner and the proxy to attend, but in that case the owner should nominate who is going to speak at the meeting and stick to that. 

We had a meeting some time ago where an owner wanted to bring their lawyer – we advised that they could, but the lawyer could not speak, unless they were appointed as a proxy.

Note that for companies, if you are a member/shareholder, that gives the right to attend, speak and vote at general meetings – the provisions are very specific. For some companies limited by guarantee, members of different classes only have the right to attend a meeting, and not to speak or vote.

Essentially you should not have multiple bites of the cherry, and use that to bully the other owners.

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Topsheila
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14/01/2019 - 12:08 pm
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I can’t imagine our SC actually allowing an owner’s siblings to attend one of our meetings. We have a great committee and co-operative owners.  We recently encountered this issue in my building – mother owns, daughter (early 20s) is the tenant and attended our AGM with her and commented on every single matter without being asked.  She was extremely rude and when asked to leave when we were commencing the SC meeting following the AGM, simply refused.  I was very unhappy about the situation and, as chairman, after a while I wrote to the owner and explained that her daughter couldn’t attend our formal meetings and mouth off at everyone.  I also explained that our financial details were only for the owners’ information. I also sent her a copy of the text of Strata Schemes Management Act 2015, Schedule 1 Meeting procedures of owners corporation, 21   Tenants at meetings.

Another problem is that neither have lived in strata before and had no idea there were “rules”, so there is an ongoing explanation for everything.  I would never condone anyone but owners attending an AGM or being voted onto the SC.

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Jimmy-T
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14/01/2019 - 2:28 pm
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Topsheila said
I would never condone anyone but owners attending an AGM or being voted onto the SC.  

Yes, but any non-owner can be elected to the committee (with a few specific exceptions) provided they have been properly nominated by an owner who is financial and isn’t standing for office themselves. In the early days of one building I lived in we elected the original architect on to the committee and that was incredibly helpful when we were looking for defects.

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Topsheila
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14/01/2019 - 5:56 pm
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I was not aware that anyone but a financial owner could be elected to the SC.  The very thought fills me with dread, notwithstanding your helpful architect.  Can you direct me to where this is stated in the legislation?

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scotlandx
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14/01/2019 - 10:28 pm
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Section 31, refer in particular section 31(1)(d).

http://classic.austlii.edu.au/…..2/s31.html

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kaindub
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14/01/2019 - 11:31 pm
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Never let a chance go by to have interested souls on the SC.

In my previous investment property, I was chairman for a number of years.

New tenant came along. Got a lot owners proxy. Was elected to SC and proceeded to do an amaxing job. ( I got rolled).

 

I’m now chairman in my daughters strata (she is thw owner not me).

I have a good SC and  I can impart my knowledge to the next generation. Its all working well. Previous SC ran the building into the ground.

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Topsheila
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15/01/2019 - 1:43 pm
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Thanks very much scotlandx – most helpful.  Somehow I had overlooked this.

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