These Q&As about the procedures for the election or removal of council members in WA has been answered by Jordan Dinga, Abode Strata and Shane White, Strata Title Consult.
Jump directly to the QUESTION you are after:
- QUESTION: If a committee member resigns, can the Council choose ANY owner or only someone out of the four owners who put their name forward at the recent AGM?
- QUESTION: Can the names of the candidates that are nominated for election be listed on a board for the owners to refer to or would this advantage those on the top of the list?
- QUESTION: How does one go about passing a no-confidence motion in this committee to have them removed?
- QUESTION: What is the correct procedure for being elected as a council member? Can you be elected without actually requesting to be on the council of owners or submitting any paperwork prior to the meeting?
- QUESTION: What authority does the Chairperson have? Do they have absolute control to override the Council of Owners? Shouldn’t decisions go on majority of votes?
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Question: If a committee member resigns, can the Council choose ANY owner or only someone out of the four owners who put their name forward at the recent AGM?
In our council, the existing committee managed to be re-elected but two elderly members resigned the following Monday and the chairman replaced them with other owners, but NOT with any of the four owners who had put their name forward at the AGM. This does not seem right to me.
Can the Council choose ANY owner or just from those who had nominated at the recent AGM?
Answer: The council simply picks anyone they want, of course still acting in the best interest of all owners.
Great question. My understanding of the Strata Titles Act of WA is that the council simply picks anyone they want, of course still acting in the best interest of all owners.
Schedule 1 Bylaw 4: Constitution of council
(10)The remaining members of the council may appoint a person eligible for election to the council to fill a vacancy in the office of a member of the council, other than a vacancy arising under sub‑bylaw (9)(c) or (d), and any person so appointed holds office, subject to this by‑law, for the balance of the predecessor’s term of office.
Jordan Dinga
Abode Strata
P: 08 9368 2221
E: [email protected]
This post appears in Strata News #424.
Question: Can the names of the candidates that are nominated for election be listed on a board for the owners to refer to or would this advantage those on the top of the list?
Answer: Perhaps “drawing the names out of a hat” would resolve the priority of names on the list.
The method of listing the nominated candidates on a board or a large piece of butchers paper, tv screen are ways that voters can see who the nominees are.
As to the order of the presentation of the nominees, perhaps “drawing the names out of a hat” would resolve the priority of names on the list.
The random nature of a draw would possibly resolve the chance of a “donkey vote” happening.
Shane White
Strata Title Consult
E: [email protected]
This post appears in the October 2020 edition of The WA Strata Magazine.
Question: How does one go about passing a no-confidence motion in this committee to have them removed?
Answer: The Annual General Meeting is your chance to get on the Council.
No matter what type of strata scheme, there are bound to be differing opinions on how things should or could have been done.
The Annual General Meeting is your chance to get on the Council and exercise your skills that you can bring to the table to do things better if that is your choice.
The Council of Owners is elected at each Annual General Meeting. To have a member of Council removed would require an Extraordinary General Meeting and a motion requiring a Special Resolution to have them removed before their term.
Shane White
Strata Title Consult
E: [email protected]
Disclaimer: this article should not be relied on as legal advice.
This post appears in Strata News #368.
Question: What is the correct procedure for being elected as a council member? Can you be elected without actually requesting to be on the council of owners or submitting any paperwork prior to the meeting?
Can a lot be accepted at an AGM without actually requesting to be on the council of owners or submitting any paperwork prior to the meeting? They were on the council in previous years.
Answer: This excerpt from the Strata Titles Act of WA that outlines the procedure.
Please see below excerpt from the Strata Titles Act of WA that outlines the procedure for the election of council members which will answer your question depending on some certain circumstances which it also covers.
Section 5: Election of council members
The procedure for nomination and election of members of a council shall be in accordance with the following rules —
- The meeting shall determine, in accordance with the requirements of by-law 4(3) the number of persons of whom the council shall consist.
- The chairman shall call upon those persons present and entitled to nominate candidates to nominate candidates for election to the council.
- A nomination is ineffective unless supported by the consent of the nominee to his nomination, given:
- in writing, and furnished to the chairman at the meeting; or
- orally by a nominee who is present at the meeting.
- When no further nominations are forthcoming, the chairman —
- where the number of candidates equals the number of members of the council determined in accordance with the requirements of by-law 4(3), shall declare those candidates to be elected as members of the council;
- where the number of candidates exceeds the number of members of the council as so determined, shall direct that a ballot be held.
- If a ballot is to be held, the chairman shall —
- announce the names of the candidates; and
- cause to be furnished to each person present and entitled to vote a blank paper in respect of each lot in respect of which he is entitled to vote for use as a ballot-paper.
- A person who is entitled to vote shall complete a valid ballot-paper by —
- writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated; and
- indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee; and
- signing the ballot-paper; and
- returning it to the chairman.
- The chairman, or a person appointed by him, shall count the votes recorded on valid ballot-papers in favour of each candidate.
- Subject to sub-bylaw (9), candidates, being equal in number to the number of members of the council determined in accordance with by-law 4(3), who receive the highest numbers of votes shall be declared elected to the council.
- Where the number of votes recorded in favour of any candidate is the lowest of the numbers of votes referred to in sub-bylaw (8) and —
- that number equals the number of votes recorded in favour of any other candidate; and
- if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected, as between those candidates, the election shall be decided by a show of hands of those present and entitled to vote.
Jordan Dinga
Abode Strata
P: 08 9368 2221
E: [email protected]
This post appears in Strata News #282.
Question: What authority does the Chairperson have? Do they have absolute control to override the Council of Owners? Shouldn’t decisions go on majority of votes?
What are the Chairperson’s roles and responsibilities? What authority do they have? I don’t think the Chairperson should have absolute control and override the votes of the rest of the Council of Owners. Shouldn’t decisions go on majority of votes?
Answer: That isn’t the case. The chairperson simply facilitates it or appoints someone to facilitate the voting process. It is essentially a majority vote.
Jordan Dinga
Abode Strata
P: 08 9368 2221
E: [email protected]
Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.
This post appears in Strata News #322
Have a question about the election of council members or something to add to the article? Leave a comment below.
Read next:
- WA: Q&A Strata Council Member Problems – Nobody wants to help
- WA: Reforms to WA Strata Legislation – As a Lot Owner, Should I Care?
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Can a poll vote be called for an election
It seems that when a council member resigns soon after the AGM at which she is appointed, there is a ‘casual vacancy’ and a new member of the council can be appointed by the existing other members.
I am wondering whether council members are required to choose the new member from amongst those who may have nominated but not been selected in the ballot at the AGM, or can they choose any owner?
Reply
AvatarAbode Strata (@AbodeStrata) says
September 24, 2019 at 9:52 am
Hi Dan, you are absolutely correct!
I refer to the above emails posted on your site.. I would like to clarify your comment “you are absolutely correct”. Can they choose ANY owner or just from those who had nominated at the recent AGM? I have a situation whereby the existing committee managed to be re-elected but two elderly members resigned the following Monday and the chairman replaced them with other owners but NOT with any of the four owners who had put their name forward at the AGM. Seems crooked to me. I would welcome your clarification. Thank you.
Hi Sara,
We have answered your question in the article above.
I’ve been told that a ballot is invalid unless a vote is cast for as many positions as has been agreed to exist. The following does not indicate that this is required ie I have to list every candidates name on the ballot but am not obligated to vote for as many positions ienot forced to b ote for people I don’t want to elect. Is this true?
A person who is entitled to vote shall complete a valid ballot-paper by —
writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated; and
indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee; and
signing the ballot-paper; and
returning it to the chairman.
Strata companies are supposed to be managed by democratically elected representatives who act reasonably in the best interests of all owners. To often the conduct of council members (and the strata managers) warrants criticism and they respond by using their power to obstruct ownerd who seek to inspect strata records, publicly villify their critics and collude to prevent them becoming elected.. Owners who nominate themselves for election without any intention to serve corrupt the democratic process. Those that are enabled to appoint persons who weren’t nominated are clearly using their power to further their own interests.
Councils are obligated to comply with the directions of the strata company. Consider proposing a motiion for inclusion on the agenda of a general meeting, eg “the council is directed to fill casual vacancies by sequentially appointing owners who were nominated for election at the AGM according to the votes cast.”
Can the names of the candidates that s are nominated for election be listed on a board for the owners to refer or would this give an advantage as to the names at the top of the list.
Shane White from Strata Title Consult has replied to this question in the article above.
Hello. Thank you for this information page Could you please tell me. Am I able to vote for a person who owns a unit in the strata but reside overseas. Can I vote them into a position on the committee. In Western Australia. Thanks. Tina
Hi Tina
A couple of aspects apply to your question here.
1) to be eligible to be voted onto a Council of Owners (committee) the person must be an Owner* and should nominate (or be nominated) preferably using the form provided with the notice of AGM.
2) The number of Owners on the Council will be determined before voting (minimum 3, maximum 7) so if there are more nominations than places then a ballot is held to determine which owners are the elected members.
3) At the first meeting of the Council (often immediately following the AGM), office bearers – Chair (essential under the legislation), Treasurer and Secretary elected by the council members (not the general owners at the meeting). All members whether elected as an office bearer or not are essential to the Council and should always be invited to meetings and invited to participate where comment and decisions are to be made.
On this basis, there is no exclusion related to where an Owner resides.
* When nominating yourself, remember that co-owners of the lot (if owned in more than one name) must each agree to nominate one of the lot owners as a member.
Hope this helps.
It seems that when a council member resigns soon after the AGM at which she is appointed, there is a ‘casual vacancy’ and a new member of the council can be appointed by the existing other members.
I am wondering whether council members are required to choose the new member from amongst those who may have nominated but not been selected in the ballot at the AGM, or can they choose any owner?
The council can fill a casual vacancy with anyone or leave it vacant.
Hi Dan, you are absolutely correct!
In WA, do council members need to be financial in order to vote at Council of Owner meetings? Is the requirement of being financial to vote only applies to general meetings (other than on a motion proposing unanimous or resolution without dissent)?
Hi Dan
The “blank paper” is a ballot form…. it may have the Strata Plan number, date of the meeting, and lines, and even instructions on what to do….the purpose of being “blank” really just means that no candidate is listed.
There might be 7 blank lines and the ballot will require the voter to write in the names of the candidates to the maximum number to be elected.
EG. If the council is to have 5 members then names of five candidates must be written (even if there are more than 5 candidates) and no candidate’s name should be repeated.
A valid ballot form will have a place for the lot number for which the vote is being cast, and whether that person is voting as an owner, proxy for owner, or whatever the capacity.
This process is spelled out more clearly in the STAA Sch.1 By-law 5, which will be law soon.
What is meant by “blank paper” in regard to ballot paper?
Does it mean no lines, no wordings? For example, you cannot have the Strata Plan number and date printed on the ballot paper?