Question: At the AGM, our chairman stated that the council of owners would be limited to three members. I thought any owner could become a member of the council up to the maximum of seven.
At our AGM via zoom it was stated by the chairman that the council of owners would be limited to three members. I requested to be on the council as the fourth member and was advised that this was voted down by the three members of the council.
My understanding is that any owner can become a member of the council up to the maximum of seven. The strata comprises of eight units. Can you assist?
Answer: The number of owners that will be on the council is determined not by the chairperson or current council of owners but by the owners at each AGM.
Yes, there can be up to a maximum of 7 on the council of owners, the act is clear the numbers range from a minimum of 3 up to 7.
However the number of owners that will be on the council is determined not by the chairperson or current council of owners but by the owners at each AGM. The term of a council member goes from AGM to AGM, the positions automatically become vacant at each AGM. An owner needs to re-nominate each year.
In relation to the composition of the council of owners on the agenda of each AGM there must be a motion determining the number of owners that will be on the council of owners.
Once owners have agreed to that number, nominations are called and if there are more nominations than positions available ballot papers need to be drawn up and all owners present at the meeting either in person, via proxy or zoom need to vote. All owners at the AGM determine the composition of the council of owners.
Brian Rulyancich
StrataTAC
E: strata@stratatac.com.au
P: 0428 970 067
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