This article discusses whether committee members ask nominee withdraw election actions are allowed and what the Code of Conduct says.
Question: Committee members have contacted one of the two nominees for a committee position, asking them to stand down so the incumbent Treasurer can continue on. How is this fair?
I am an Ordinary Member of the Committee. There are 2 nominations for the position of Treasurer for our upcoming AGM voting. Members of the Committee have contacted one of the nominees and asked them to withdraw their nomination so that the incumbent Treasurer can continue in the position of Treasurer.
I do not agree with this. Is there any legislation that prevents committee members from acting this way? I think it is unethical and intimidating and if it continues, harassment.
Answer: The current Committee will have their reasons for wanting the current Treasurer to be re-elected and possibly believe that it is in the best interests of the body corporate.
There is nothing to prevent the Committee approaching owners with their own opinions on any matter. For current Committee members there is a Code of Conduct in accordance with the Body Corporate and Community Management Act 1997 Schedule 1A Code of conduct for committee voting members. Whilst this includes acting honestly and fairly, in the body corporate’s best interests, and not causing a nuisance on scheme land, whether these apply in this case will depend on your viewpoint.
The current Committee will have their reasons for wanting the current Treasurer to be re-elected and possibly believe that it is in the best interests of the body corporate. Even if there is breach of the Code of Conduct the process to remove members is not a quick one and there is an AGM coming up where the Committee will be elected. The nominee being asked to withdraw can simply decline and choose not to discuss it any further if approached.
This post appears in Strata News #548.
Charlotte Divall
SSKB
E: cdivall@sskb.com.au
P: 07 5504 2000
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