This Q&A about the correct procedure for the election of council members in WA has been answered by Jordan Dinga, Abode Strata.
Question: What is the correct procedure for being elected as a council member? Can you be elected without actually requesting to be on the council of owners or submitting any paperwork prior to the meeting?
Can a lot be accepted at an AGM without actually requesting to be on the council of owners or submitting any paperwork prior to the meeting? They were on the council in previous years.
Answer: This excerpt from the Strata Titles Act of WA that outlines the procedure.
Please see below excerpt from the Strata Titles Act of WA that outlines the procedure for the election of council members which will answer your question depending on some certain circumstances which it also covers.
Section 5: Election of council members
The procedure for nomination and election of members of a council shall be in accordance with the following rules —
- The meeting shall determine, in accordance with the requirements of by-law 4(3) the number of persons of whom the council shall consist.
- The chairman shall call upon those persons present and entitled to nominate candidates to nominate candidates for election to the council.
- A nomination is ineffective unless supported by the consent of the nominee to his nomination, given:
- in writing, and furnished to the chairman at the meeting; or
- orally by a nominee who is present at the meeting.
- When no further nominations are forthcoming, the chairman —
- where the number of candidates equals the number of members of the council determined in accordance with the requirements of by-law 4(3), shall declare those candidates to be elected as members of the council;
- where the number of candidates exceeds the number of members of the council as so determined, shall direct that a ballot be held.
- If a ballot is to be held, the chairman shall —
- announce the names of the candidates; and
- cause to be furnished to each person present and entitled to vote a blank paper in respect of each lot in respect of which he is entitled to vote for use as a ballot-paper.
- A person who is entitled to vote shall complete a valid ballot-paper by —
- writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated; and
- indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee; and
- signing the ballot-paper; and
- returning it to the chairman.
- The chairman, or a person appointed by him, shall count the votes recorded on valid ballot-papers in favour of each candidate.
- Subject to sub-bylaw (9), candidates, being equal in number to the number of members of the council determined in accordance with by-law 4(3), who receive the highest numbers of votes shall be declared elected to the council.
- Where the number of votes recorded in favour of any candidate is the lowest of the numbers of votes referred to in sub-bylaw (8) and —
- that number equals the number of votes recorded in favour of any other candidate; and
- if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected, as between those candidates, the election shall be decided by a show of hands of those present and entitled to vote.
This post appears in Strata News #282.
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