WA: We have two council vacancies — if I request to join and am rejected, must the council provide a reason?

Question: We have two vacancies on the Council of Owners. If I request to join and I’m rejected, does the council need to provide a reason for their decision?

I would like to join the Council of Owners so that I can assist in making decisions for our building.

Currently, there is one position filled and two vacant positions. Can I be added to fill one of those positions?

If I request to join, does the council have to approve the application?

If the request is rejected, do they need to provide some kind of reason?

Can I somehow appeal the decision?

Answer: If the decision is made at a properly convened Council of Owners meeting, it should be minuted.

Can you be added to fill one of those positions? Yes – Schedule 1 By-law 4 (12) states (in part) “The continuing members of the council may act even if there is a vacancy in the council, but so long as the number of members is reduced below the number fixed by these by-laws as the quorum of the council, the continuing members or member of the council may act for the purpose of increasing the number of members of the council…”

Does the council have to approve the application? Yes – Schedule 1 By-law 4 (10) states (in part) “The remaining members of the council may appoint a person eligible for election to council to fill a vacancy in the office of a member of the council, … and any person so appointed holds office, subject to this by-law, for the balance of the predecessors term of office.”

The Act does not specify any action if a request to fill a COO vacancy is rejected, or for the remaining COO members to give a reason.

If the decision is made at a properly convened Council of Owners meeting (as per Schedule 1 by-law 8), it should be minuted. Depending on what is minuted, there might be an avenue to lodge an application with the State Administrative Tribunal to appeal the COO decision however I would strongly recommend independent specialist advice before considering an application to the SAT.

Andrew Chambers
Chambers Franklyn Strata Management
E: andrew@chambersfranklyn.com.au
P: 08 9200 4200