WA: If a husband and wife own two separate apartments, can they both serve on the council of owners?

Question: If a husband and wife own two apartments in the same building, can they both be on the council representing a different apartment?

Answer: If the husband and wife are co-proprietors of both of the lots within the same strata scheme, then only one of them can nominate and be elected to the Council of Owners.

The short answer is, ‘it depends’, as follows:

• If the husband and wife are co-proprietors of both of the lots within the same strata scheme, then only one of them can nominate and be elected to the Council of Owners as per Schedule 1 Bylaw 4(6).
• If the husband and wife are the sole proprietors of two lots within the same strata scheme (i.e. they individually own one lot each), then yes, they can both be nominated and be elected to the Council of Owners.

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