This question about officers of the Strata Corporation and what happens if no-one is able to fill the positions has been answered by Tony Johnson, Stratarama.
Question: Our Strata Corporation positions of secretary, presiding officer and treasurer have been held by the same lot owner. They have now resigned and no-one else is able to fill the roles.
Just recently a member of our 3 units complex resigned from the position of secretary, presiding officer and treasurer. This position was self-imposed and they were never elected to these positions.
During their time many false, dishonest and cheating was gained for this person and their property during their time in these positions.
Now that this person has resigned, in our small complex we don’t have anyone else able to fill these office roles. We don’t have a Strata manager. Where do we go from here?
Also, can the other members of the body corporate receive any compensation for the wrongs done by this person in the past?
Answer: The Strata Titles Act 1988 requires the group to have these three office bearer positions filled by a unit owner.
There are several issues here which the writer poses. First step by step:
- The Strata Titles Act 1988 requires that the group to have these three office bearer positions filled by a unit owner. These positions cannot be vacant for more than 6 months. The group is responsible now for arranging a meeting of the Owners and at that meeting, appointing an Owner to these positions.
Below is an extract from the ACT.
(1) A strata corporation must have the following officers:
(a) a presiding officer (to preside at meetings of the corporation); and
(b) a secretary; and
(c) a treasurer.
(1a) Unless all of the units comprised in the strata scheme consist of non-residential premises, the officers of a strata corporation must be unit holders.
(2) Any two or more of the above offices may be held simultaneously by the same person.
(3) Until the first appointments are made to the above offices, they will be held by the original proprietor (or, if the original proprietor is a body corporate, by its nominee or in the absence of a nominee, by its secretary).
(4) Appointments to the above offices must be made by the strata corporation at a general meeting of the corporation.
(5) A strata corporation must not allow any of the above offices to remain vacant for more than six months.
- If you have concerns that the group may be being handled inappropriately, then perhaps a Strata Manager is someone the group might consider employing to ensure that the group follow the Strata legislation and other relevant pieces of legislation. Note though, that a Manager is not a replacement for the above Office Bearers positions, and that these must still be filled in accordance with the Act. The Manager is there to assist the group, offer general guidance, and take direction from the group, to follow through the wishes of the group’s Members.
- In regards to any previous improprieties taken by previous Office bearers. These matters would need to be discussed amongst Members, and should the group wish to do so, action could be taken through the Magistrates Court (and/ or mediation through this system). It would not be appropriate for me to comment further with limited knowledge of the specific history.
This post appears in Strata News #185.
- SA: Q&A Presiding Officer Refusing to Co-operate
- SA: Q&A Strata Manager Rules on How to Conduct a Meeting
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.