Thursday, December 3, 2020

Strata Schemes Management Act 2015 No 50

Part 3
Division 1
Section 35

Vacation of office of elected member of strata committee | Section 35

(1)  An elected member of a strata committee vacates office as a member—

(a)  if the person was eligible to be a member at the time of election and the person ceases to be so eligible (other than because the person is an unfinancial owner), or

(b)  if the person was not an owner at the time of election or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee ceases to be an owner or gives written notice to the owners corporation that the person’s office is vacated, or

(c)  on the receipt by the owners corporation from the person of notice in writing of the person’s resignation as a member, or

(d)  at the end of the next meeting at which a new strata committee is elected by the owners corporation, or

(e)  if the owners corporation, in accordance with a special resolution, determines that the person’s office as a member is vacated, or

(f)  if the person dies.

(2)  A strata committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the strata committee, other than a vacancy arising under subsection (1) (d) or a vacancy in the office of an officer of the owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

Note.

Section 45 (2) provides for the filling of vacancies in the office of members who are officers of the owners corporation.

(3)  A special resolution that determines that the office of a member is vacated may relate to more than one member of a strata committee or to all members of a strata committee.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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