Can a council of owners member selling their unit remain on the council, and should they be restricted from voting on matters that could affect their property's value?

WA
Committee & Governance
question
Lookupstrata community member

Can a CoO member selling their unit remain on the council, and if so, should they be restricted from voting on matters that could impact their property's value, or is this a conflict of interest?

If a council of owners (CoO) member decides to sell, is this a conflict of interest? Can the council request that person withdraw from the CoO or not cast any votes? Given that a selling member's priorities may diverge from the broader interests of the strata body corporate, should there be specific guidelines or procedures in place to manage potential conflicts of interest during this period?

answer
Rick Blampey
Rick Blampey SVN | Strata Management

The member should refrain from voting on decisions where their interest conflicts with that of the broader ownership group.

To the best of my knowledge, the Strata Titles Act 1985 does not specifically mandate the automatic disqualification of a CoO member due to their intention to sell their lot. However, the issue of a potential conflict of interest is indeed relevant. If the selling member has a personal interest that could reasonably be seen as influencing their judgment in matters before the CoO, it is appropriate for the potential conflict to be disclosed.

In such cases, while it may not be necessary for the member to resign, they should at least refrain from voting on decisions where their personal interest conflicts with that of the broader ownership group. For example, decisions related to financial matters or building works that could directly affect property values or ongoing management responsibilities post-sale should be carefully considered.

The CoO may request that the selling member recuse themselves from specific discussions or votes where their interest as a seller conflicts with the interests of the remaining owners. However, any formal request for the member to step down entirely would require the consensus of the CoO or, potentially, the owners at a general meeting.

It is always prudent to act transparently and in the best interests of all owners, ensuring that any conflicts, perceived or actual, are managed appropriately. I recommend consulting legal advice if the matter becomes contentious or if there are ongoing concerns about the impact of any decisions made by the selling member.

Related webinar

vector

Lookupstrata Directory

Looking for WA Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available

Search the directory