Question: Can an unfinancial committee member vote on motions at committee meetings?
If a committee member becomes unfinancial after the AGM, can they still vote on motions at strata committee meetings, or does being unfinancial affect their eligibility to vote?
Answer: A committee member who owes a body corporate debt at the time of voting on a motion at a committee meeting is ineligible to vote in their own right, or as proxy for another committee member.
A ‘debtor member’ of the committee who owes a body corporate debt at the time of voting on a motion at a committee meeting is ineligible to vote in their own right, or as proxy for another committee member. Similarly, someone who holds the debtor member’s proxy cannot exercise a vote on behalf of the member.
Also note that if the committee member is not an owner but was nominated by an owner who owes a body corporate debt at the time of the committee meeting, that committee member is also ineligible to vote.
This post appears in Strata News #785.
Jarad Maher Grace Lawyers E: jarad.maher@gracelawyers.com.au
