Can a corporate owner of multiple units hold more than one position on a council of owners?
A corporate owner of multiple units in our strata scheme has applied for multiple positions via different representatives on the council of owners. Can individuals representing a corporate owner hold more than one position on the council?
Despite legal advice stating that a corporate owner of multiple units is not permitted to hold more than one position, the corporate owner's representatives refuse to accept this. Is there a definitive answer, or would this require a SAT ruling?
Refer to your scheme's by-laws regarding the constitution of the council of owners.
Each scheme has varying by-laws. First, you need to check the Governance Schedule 1 By-laws applicable to your scheme. Your strata complex may have the standard Schedule 1 Governance By-laws. If so, they state that the constitution of the council of owners and Section 136 of the Strata Titles Act 1985 note that a corporate body may be an officer or council member. The Schedule also notes how a council is constituted if there are co-owners.
In Schedule 1 By-Laws, it notes that they must be elected at the Annual General Meeting.
Corporate body may be officer or council member
In Section 136 of the Strata Titles Act 1985 notes:
- A corporation is eligible to be an officer of a strata company or a member of the council of a strata company.
- A corporation may authorise an individual to perform on its behalf a function conferred under this Act on the corporation as an officer of the strata company or as a member of the council and may revoke the authority of an individual so authorised.
- If an individual performs a function that the individual is authorised to perform by a corporation under subsection (2), the function is taken to be performed by the corporation.
The legislation quoted above notes that, if duly elected at the Annual General Meeting, a corporation is eligible to be an officer of a strata company or a member of the council. Review your legal advice to note which sections of the Act or by-laws they are referring to, and provide this to the corporation that holds multiple positions on the council.
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Jamie Horner is the Licensee of Empire Estate Agents, Licensed in 1997 she has over 25 years’ experience in Strata and Property Management. A trainer at the Real Estate Institute of WA and member of the REIWA Strata Committee and a firm believer in continuous education and building better ‘communities’ in strata and property. Jamie has a Masters Degree in Property, a Degree in Business/Commerce, a Diploma in Management (Real Estate) and a Cert IV in Strata Community Management and Cert IV in Training and Assessment and passion for property. Jamie is a regular contributor to LookUpStrata.
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