Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:23)
Part 3 Division 1
Division 1 Constitution of strata committee
29   Owners corporation to appoint strata committee
(1)  An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.
(2)  The owners corporation may appoint the strata committee before the first annual general meeting of the owners corporation.
(3)  The members of the strata committee must be elected at the first annual general meeting of the owners corporation whether or not members were appointed before that meeting.
(4)  If there is no strata committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.
30   Members of strata committee
(1)  The strata committee of an owners corporation is to consist of the number of persons determined by the owners corporation (not being more than 9).
(2)  The strata committee of a large strata scheme must consist of at least 3 members.
(3)  A strata committee for a strata scheme comprising 2 lots is to consist of the following persons—
(a)  the owner of each lot who is a sole owner or the company nominee of a lot if the sole owner is a corporation,
(b)  for each lot that is owned by co-owners, the co-owner nominated by the other co-owners or (if the co-owner nominated is a corporation) the company nominee of that co-owner, or if there is no such nomination, the co-owner first named on the strata roll.
(4)  The elected members of a strata committee must be elected at each annual general meeting of the owners corporation.
(5)  Nomination for election as a member of a strata committee (other than a tenant representative) may be made before or at the meeting at which the election is held.
(6)  The regulations may provide for the procedures for nomination of members of the strata committee.
31   Persons who are eligible to be appointed or elected to strata committee
(1)  The following persons are eligible for appointment or election to the strata committee of an owners corporation—
(a)  an individual who is a sole owner of a lot in the strata scheme,
(b)  a company nominee of a corporation that is a sole owner of a lot in the strata scheme,
(c)  an individual who is a co-owner of a lot or a company nominee of a corporation that is a co-owner of a lot in the strata scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member,
(d)  an individual who is not an owner of a lot in the strata scheme, if the person is nominated for election by an owner of a lot who is not a member, or is not seeking election as a member, of the strata committee.
(2)  To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself, and an owner that is a corporation may nominate the corporation’s company nominee, for election as a member of the strata committee.
(3)  A sole owner of a lot in a strata scheme may not nominate more than one person for election as a member of the strata committee, except as provided by subsection (5).
(4)  Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).
(5)  A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.
32   Persons who are not eligible to be appointed or elected to strata committee
(1)  The following persons are not eligible for appointment or election to a strata committee or to act as members of a strata committee unless they are also the owners of lots in the strata scheme—
(a)  the building manager for the strata scheme,
(b)  a person who acts as an agent for the leasing of a lot or lots in the strata scheme to tenants,
(c)  a person who is connected with the original owner of the strata scheme or the building manager for the scheme, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed to act as a member,
(d)  any other person prescribed by the regulations for the purposes of this section.
(2)  An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.
(3)  A person who becomes ineligible for appointment or election to a strata committee after being appointed or elected to the strata committee must disclose that fact to the secretary or chairperson of the owners corporation as soon as possible after becoming aware of that fact.
(4)  A disclosure by a person under this section, other than a disclosure that is made at a meeting of an owners corporation or strata committee, is to be made by written notice given to the secretary or chairperson.
33   Tenant representatives
(1)  This section applies to a strata scheme if there are tenants (being tenants notified in a tenancy notice given in accordance with this Act) for at least half of the number of lots in the scheme.
(2)  The tenants of lots in a strata scheme (being tenants notified in a tenancy notice given in accordance with this Act) may nominate one tenant representative for the strata committee.
(3)  The tenant representative on a strata committee, in that capacity—
(a)  is not entitled to vote on decisions of the committee or to put a motion or nominate a person for office, and
(b)  is not entitled to act as an officer of the owners corporation for committee purposes, and
(c)  cannot be counted in determining whether there is a quorum of the committee.
(4)  The strata committee, at any meeting or for the purpose of all meetings, may determine that a tenant representative is not entitled to be present when the following matters are being discussed or determined—
(a)  financial statements and auditor’s reports,
(b)  levying of contributions,
(c)  recovery of unpaid contributions,
(d)  a strata renewal proposal under Part 10 of the Strata Schemes Development Act 2015 or any related matter,
(e)  any other financial matter specified by the regulations.
(5)  The regulations may provide for the procedures for nomination of a tenant representative, including the term for which a tenant representative is appointed, the notification of an appointment and the end of an appointment.
34   Acting members of strata committee
(1)  A member of a strata committee may, with the consent of the strata committee, appoint an owner or company nominee of a corporation that is an owner who is eligible to be a member to act in his or her place as a member at any meeting of the strata committee.
(2)  The owner or company nominee appointed is, while so acting as a member, taken to be a member.
(3)  An owner or company nominee of a corporation may be appointed whether or not he or she is already a member of the strata committee.
(4)  If a person so appointed is a member of the strata committee, the person may, at any meeting of the strata committee, separately vote in the person’s capacity as such a member and on behalf of the member in whose place the person has been appointed to act.
35   Vacation of office of elected member of strata committee
(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.