Thursday, October 1, 2020

Tenants at Meetings

Owners-corporation-meetings-and-voting

Tenants at Meetings

Tenants (whose landlords have provided a tenancy notice to the owners corporation, as required) have the right to attend meetings of the owners corporation, but not to speak or vote unless they hold a proxy. Tenants at meetings may be excluded from the meeting when certain matters are discussed, such as financial matters or a proposal for the collective sale of the strata scheme.

In certain strata schemes, the tenants have the right to nominate a tenant representative as a member of the strata committee (the committee that looks after the day-to-day running of the strata scheme). This applies in strata schemes where tenants (whose landlords have provided a tenancy notice to the owners corporation, as required) live in at least half of the number of lots in a scheme.

The owners corporation is then responsible for calling a meeting of the eligible tenants at least 14 days before the next AGM. The meeting can either be chaired by the chairperson, or someone nominated, including a tenant. The tenants then nominate one tenant to be their representative on the strata committee. The tenant representative is introduced at the AGM, and holds office until the next AGM concludes.

While the tenant representative can attend and speak at strata committee meetings, they do not have a vote, and cannot make up the quorum of a meeting. The representative can also be asked to leave the meeting if certain financial issues are to be discussed. The tenant representative, as a member of the strata committee, is entitled to a copy of the agenda and any minutes of meetings held.

Use this chart to understand the steps for nominating a tenant representative to the strata committee.

IMPORTANT! The strata roll should indicate how many of the lots are being rented out to tenants. This is because, if a landlord rents out their property, they must give the owners corporation a tenancy notice within 14 days. Landlords commit an offence if they fail to do so. After receiving notice of the tenancy, the secretary of the owners corporation will need to record the tenant’s name on the strata roll, with the option of including their email address.

Strataville Editorial
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