Home » NSW Strata » Replacing a strata committee member

Replacing a strata committee member

Replacing-a-strata-committee-member-Strataville

Replacing a strata committee member

There are a number of circumstances where replacing a strata committee member is required. For example, but not limited to, an elected member of a strata committee vacates as a member:

  • If the member sells their lot. They automatically become ineligible at the time the property settles.
  • If the member resigns. They vacate their position on the receipt by the owners corporation a notice in writing of the person’s resignation
  • If the member was a company nominee and the company ceases to be an owner or the company gives written notice to the owners corporation that the person’s office is vacated.
  • If the person was not an owner at the time of election and the individual who nominated the person for election ceases to be an owner or gives written notice to the owners corporation that the person’s office is vacated.
  • At the end of a general meeting at which a new strata committee is elected by the owners corporation.
  • If the owners corporation, in accordance with a special resolution, determines that the person’s office as a member is vacated.
  • If the person dies. (RIP)

Note: A member of the strata committee is not entitled to vote if they are an unfinancial owner of a lot in the strata scheme when the notice of meeting was given and the amounts owed by them were not paid before the meeting or if the person who nominated them is unfinancial. They however can remain on the strata committee even if they are unfinancial.

Procedure – Replacing a strata committee member

A strata committee may appoint a person, eligible for election as a member, to fill a vacancy on the strata committee. Any person so appointed holds office, subject to section 35 of the Act, for the balance of his or her predecessor’s term of office. It is important to note that the Act states that the strata committee may fill a vacancy therefore it is not required.

The quickest and easiest way replacing a strata committee member is to have another member of the owners corporation fill the vacancy by the strata committee passing a motion.

A recommended practice is to place an election motion on the next strata committee meeting agenda. This keeps the replacing a strata committee member process fair, open and transparent.

Please refer to Section 35 of the Strata Schemes Management Act 2015 – Vacation of office of elected member of strata committee – for further information.

Replacing an officer of the owners corporation

If an officer of the owners corporation (that is your chairperson, treasurer or secretary) vacates office, their position, under section 45 of the Act, the strata committee is to appoint a person who is a member of the strata committee, or who is eligible to be a member of the strata committee, to fill a vacancy of an officer of an owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

Unlike an ordinary member of the strata committee, the strata committee is required to fill a vacancy of a chairperson, secretary or treasurer. Section 41 allows a person to be appointed to one or more of the offices of chairperson, secretary and treasurer.

An officer of an owners corporation vacates office as an officer:

  • if the person ceases to be a member of the strata committee, or
  • on the receipt by the owners corporation from the person of written notice of the person’s resignation as an officer, or
  • if another person is appointed by the strata committee to hold that office, or
  • if the owners corporation, by special resolution, declares that the person’s office is vacated, or
  • if the person dies.

Number of strata committee members (Section 30)

The owners corporation decide the number of strata committee members for the coming year at each AGM. It can have from 1–9 members. The strata committee of a large strata scheme must consist of at least 3 members. In a two-lot scheme both owners must be members.

About the author

Strataville Editorial

Strataville Editorial

Strataville | the home of strata living. It's a hub of information, strata news and reviews to help improve your strata living lifestyle. Like to submit an article? Have a question? Please drop us an email here.

Add Comment

Click here to post a comment

Partners

Subscribe to our Newsletter



X
X