Question: If the committee is elected at the AGM, but vacancies can be filled at other general meetings, can a GM amend the number of positions on a committee?
Answer: There are no restrictions to setting the number only at the AGM under the Act.
Generally, yes. This would be to fill vacancies as the number of strata committee members is a compulsory agenda item for an AGM where the number of members is voted on. Section 30(1) of the Strata Schemes Management Act 2015 says:
- The strata committee of an owners corporation is to consist of the number of persons determined by the owners corporation (not being more than 9).
This section just says the owners corporation determines the number of strata committee members. There are no restrictions to setting the number only at the AGM under the Act. This means an owners corporation could resolve to change the member number at a later general meeting provided that if it meant there were more strata committee members than places, another election was held.
This post appears in the May 2024 edition of The NSW Strata Magazine.
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990

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