Question: Can an owner who is unfinancial put forward a nomination to be on the council?
An owner who is unfinancial put forward a nomination to be on the council and was elected.
Can an unfinancial lot owner nominate for the council of owners? If they have already been accepted, what do we do?
Answer: An owner who is unfinancial is also not entitled to vote, hence, cannot nominate a candidate for election as a member and that includes self-nomination.
Section 132 (2) of the Strata Titles Act 1985 as amended 2018 states:
- A person is not entitled to move a motion at a general meeting or to nominate a candidate for election as a member of the council unless the person is entitled to vote on the motion or at the election.
That means that an owner who is not financial at a meeting is also not entitled to vote, hence, cannot vote on the number of members on Council and cannot nominate a candidate for election as a member and that includes self-nomination.
If an owner who is entitled to vote nominates another owner who is not financial at the meeting to be elected onto the Council, and the owner consents to the nomination, then in my opinion that owner can be elected on the Council (though the unfinancial owner cannot vote on the election of the Council).
This advice does not constitute legal advice and we recommend that the owner obtains their own legal advice to suit the circumstances.
Marietta Metzger magixstrata E: marietta@magixstrata.com.au P: 08 6559 7498