These question from NSW Lot Owners about positions on the executive committee have been responded to by Leanne Habib, Premium Strata.
Question: How long can a strata committee member or chairperson hold positions on the executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment?
Answer: There is nothing to stop the same office bearers/members from being re-elected.
As you may know, the number of members is determined annually at each AGM and the positions filled at the strata committee meeting held immediately thereafter. So, theoretically, positions on the executive committee are retained from year to year and there is nothing to stop the same office bearers/members from being re-elected (subject to the number of members not being reduced and none of them being removed or retiring or selling etc).
It is not unusual for office bearers to keep being re-elected from year to year if they carry out their functions effectively.
In terms of a designer, generally, if you mean an ordinary contractor to be engaged by the Owners Corporation, a strata committee can appoint one unless the owners corporation makes a decision which overrides it or unless, before the committee makes a decision, lot owners, comprising more than a third of the unit entitlements give notice of opposition to the making of a decision.
However, any change of design / overall appearance of the lot will require a special resolution at a general meeting
This post appears in Strata News #208.
Question: What do we do when we have a Strata executive committee resignation en masse from their positions? At least 3 members of our 4 person Executive Committee (including president & treasurer) are about to resign!
I am sure a mass Strata executive committee resignation has happened somewhere before. I have been discretely informed that at least 3 members of our 4 person Executive Committee (including president & treasurer) are about to resign from holding their positions! This is only a couple of months into their anticipated one year term.
This situation has arisen because of the Executive Committee’s inability to accommodate requests from residents to have certain matters reviewed and put to a vote. There are as expected personalities involved, half the Executive Committee have exaggerated opinions of their role as elected dictators of our strata community. Therefore simple requests are ruled out of order based on any excuses they can muster.
Anyway it has (as anticipated come to a head) one belligerent & obstructive individual is trying to retain their 10 year control, and there is much ill feeling within the Executive Committee and disruption among the bewildered few who are not members of the Executive Committee and eager to make progress on behalf of the community at large.
When each Strata executive committee resignation is tabled (possibly within 48 hours), what happens next to ensure things return to an even keel and move forward?
Update: As anticipated resignations are flowing fast, Secretary and Treasurer have resigned from their positions this morning. I have so far managed to get our President (and our fourth member) to put their letters of resignation on hold. This may not last the day?
A committee meeting announced yesterday and (scheduled for tomorrow), has just been cancelled.
We need to appoint new people quickly to put our strata back on course!
As of an hour or so ago, all we have left is a President!
She is also unclear as what should now be her first step to recruit some fresh new members.
Answer: If your entire strata committee resigns, you may make an application to NCAT for the Tribunal to order that a person convene a general meeting of the Owners Corporation.
Basically, if your entire strata committee resigns from their positions, you may make an application to NCAT under Section 48 Strata Schemes Management Act, 2015, for the Tribunal to order that a person convene a general meeting of the Owners Corporation.
Generally, the vacancies would be filled under Sections 35 & 45 of the SSMA but as there is no strata committee to fill the vacancies, this would not be an option for you.
Also, as the scheme is clearly dysfunctional, you may make an application to NCAT for the compulsory appointment of a strata managing agent. In this instance, there would be no strata committee or Owners Corporation’s meetings and only the compulsorily appointed agent would make all decisions by itself for the usual period of 12 months (but up to 24 months).
This post appears in Strata News #167.
Question: Is it permissible for a tenant and a landlord of the same unit to hold positions on the executive committee?
In our strata, there was a proposal put to the executive committee. The tenant and owner of the same unit want to hold positions of chairman and secretary of the executive committee.
Is this permissible and/or advisable? If so, does the appointment need to be formally voted on at an executive committee meeting?
Answer: No this is not permissible. Only one of them can seek nomination.
No this is not permissible. The tenant (non-owner) can only be nominated by an owner who is not seeking election. Only one of them, either the tenant or the landlord, can seek the nomination for a position on the executive committee.
Read Next
This post appears in Strata News #134.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: info@premiumstrata.com.au
You can connect with Leanne & Premium Strata on Facebook, Twitter & LinkedIn.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Are you interested in more about positions in executive committee or information particular to NSW legislation? Visit our Strata Committee Concerns OR NSW Strata Legislation.
After a free PDF of this article as a positions in executive committee resource? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Have a question about positions on the executive committee or something to add to the article? Leave a comment below.
