Question: If a person elected to a council of owners (COO) sells their lot, can they continue to serve on a COO? Can a COO operate without a chairperson?
Answer: The remaining members of the council must appoint a member of the council to fill a vacancy in an office.
The member cannot continue serving on the COO if they are no longer an owner. When the property is settled, they are removed from being on the COO.
The standard Schedule 1 Governance By-Laws note – (4) Constitution of Council notes:
- A member of the council vacates office as a member of the council
- if the member dies or ceases to be an owner or co-owner of a lot
- 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 or convening a general meeting of the strata company, but for no other purpose.
Can the COO operate without a chairperson? Under the standard Schedule 1 Governance By-Laws note – (6) Chairperson, Secretary and Treasurer of Council it notes the remaining council must appoint a member:
(3A) The remaining members of the council must appoint a member of the council to fill a vacancy in an office.
This post appears in Strata News #702.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400