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ACT: Can a joint owner respond to executive committee matters?

ACT@2x

This article discusses joint owner executive committee voting rights and whether a co-owner can speak or vote on committee matters.

Question: If a unit is in joint names and one of the owners is on the executive committee, can the other owner respond to executive committee issues?

I own a unit in a strata Class A complex.

  1. If a unit is in joint names and one of the owners nominates and is elected to the executive committee, does the other owner have the right to respond to executive committee issues eg approval of expenditures?

  2. If an executive committee member owns two units, does this give them two votes on the committee, similar to their two votes on the owners corporation?

Answer: Legally no, but…..

  1. Legally no. But the person elected may not be good with computers and the other owner answers on their behalf. Therefore the instructions would note that Executive Committee member agrees or disagrees.

  2. General meetings are – one vote per unit.  Executive Committee meetings are – one vote per member. But if the units are in 2 names, then both could be the elected nominee from each unit. Normally, another person would nominate the second owner. But noting that the meeting can determine the final number of members between 3 & 7 unless a resolution to vary the number. If the meeting has more nominees than the number resolved, then a ballot would be required.

This post appears in Strata News #631.

Jan Browne Bridge Strata E: jan@bridgestrata.com.au P: 02 6109 7700

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