September 12, 2020 at 1:04 am #284455Murphy BrownMember
When nominating for a strata committee is it better to nominate oneself or to be nominated by someone else? If a person has been nominated by another unit holder, becomes a committee member and they then leave the strata, at what point do they stand down? That is, at what point after putting in notice to the rental agent or at what stage of the sale? Does their position have to be filled or can it be left vacant until the next General Meeting?September 15, 2020 at 6:52 am #306685Amanda FarmerExpert
Hi Murphy Brown,
If you are eligible to self nominate, go for it. That’s the easiest way, because our NSW law requires both the committee member AND the person who nominated them to be financial if the committee member is to be permitted to vote at strata committee meetings. You don’t want to be chasing your nominator to pay up before a committee meeting!
If a self nominated committee member ceases to be an owner, then they are no longer eligible to sit on the committee and they must resign. Their position can be left vacant if the strata committee does not fill it.
Bear in mind that if they were not self nominated, then they can still serve on the committee. The fact of their ownership is not what made them eligible to sit on the committee, it was the nomination by an owner.
As for timing if they are going to resign, this should be on or before settlement of their sale – when the title actually transfers from their name to the purchaser.
You may have more questions after all of that! Let me know.
Amanda.September 17, 2020 at 2:10 am #322290Murphy BrownMember
Thanks Amanda. It does raise more questions. If a person is nominated by someone who sells, then is that person still permitted to sit on the Strata Committee and to vote? After all, their nominator won’t be paying levies at all then! To ensure there are no issues based on the nominator being financial, are they also allowed to nominate themselves if they have already nominated another unit holder? Alternatively could a co-owner also nominate them?
A read of S31 is confusing in the instance of co-owners of a lot making nominations. If there are co-owners of a lot and one is a nominee for a SC can the other co-owners nominate other unit holders as the co-owners are not eligible to be on the SC? I note that S31 (3) directs that a sole owner can only nominate one person, but seems to be silent on the matter of co-owners nominating, say, one person each. It also doesn’t spell out whether a co-owned lot can nominate someone from their lot plus someone from another lot.September 23, 2020 at 9:32 pm #375522Amanda FarmerExpert
Section 35(1)(b) relevantly provides that a committee member vacates office:
(b) if the person was not an owner at the time of election…and the individual who nominated the person for election…ceases to be an owner …
And yep, there are a few problems with section 31…
Section 31 does not state that a sole owner must be nominated to a committee position, it says they are simply “eligible”. Does that mean they are eligible without a nomination? If it does, then subsection (2) has no work to do, so probably not. Subsection (2) states “to avoid doubt” a sole owner may self nominate. Subsection (3) goes on to say that a sole owner may only nominate one person… does that mean one other person in addition to their self nomination? I don’t think so. If they self nominate, that’s their one nomination taken up.
Yes, if there are co-owners of a lot and one is a nominee for election, the other co owners can nominate other owners (of other lots). You’re right there is no expressed limit on how many others owners a co-owner can nominate and no restriction on who these people are – save that it is not possible for co-owners of the same lot to both be on the committee at the same time, unless one of them owns a different lot and they have been nominated in their capacity as owner of that other lot.
Clear as mud.
- You must be logged in to reply to this topic.