How can we change the council of owners if the existing chairman currently holds a majority of proxies?
Written by Jessica Tait
Updated at January 18th, 2021
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The role of strata council is an important one with many responsibilities.
At a properly constituted meeting, - see Schedule 1 By law 11 - the chairperson is required to consider the proxies as valid or not and then follow the process in accordance with Schedule 1 By law 5 Election of Council.
For ease of understanding this process, I prefer including the link to the specific section within the Act, this way owners may read and navigate through this section and any other areas of interest at the same time.
See Schedule 1 By Law 5 (1) - 9 (b) for full details on Council nomination process, validity, voting and ballots.
Prior preparation prevents poor performance, with any well prepared meeting prior preparation always sees a better outcome.
If you believe that your existing council has a hold, so to speak, then it is best that well prior to your AGM the owners seeking to be nominated/appointed either try and communicate with the existing council seeking their endorsement OR seek other owners support of their nomination.
Council may be elected in as a majority vote or a by a Ballot – see Schedule 1 By law 5 especially (4) & (5)
You do also mention why you believe your strata council isn’t acting in the best interest. I have attached a link to the current Strata Titles Act Austlii edition, I personally this link is easier to navigate around / copy and paste.
If you believe your strata council are not acting in the best interest of your strata company. Then write to the chairperson noting your concerns in a simple, clear and objective manner and ask for further clarification, or better still ask to meet and discuss the scheme. If there is no resolution and if any owner believes the strata council has contravened the STA then they may apply to SAT – State Administrative Tribunal for orders.
This is general advise only, owners are to seek their own professional or legal advise. We can offer further assistance, however, to avoid risk, liability, unnecessary conflict and drama we suggest employing the services of a professional strata manager.