NSW: Q&A How long can member hold positions in executive committee?


Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment?

Answer: No this is not permissible. Only one of them can seek nomination.

As you may know, the number of members is determined annually at each AGM and the positions filled at the strata committee meeting held immediately thereafter. So, theoretically, positions in executive committee are retained from year to year and there is nothing to stop the same office bearers/members from being re-elected (subject to the number of members not being reduced and none of them being removed or retiring or selling etc).

It is not unusual for office bearers to keep being re-elected from year to year if they carry out their functions effectively.

In terms of a designer, generally, if you mean an ordinary contractor to be engaged by the Owners Corporation, a strata committee can appoint one unless the owners corporation makes a decision which overrides it or unless, before the committee makes a decision, lot owners, comprising more than a third of the unit entitlements give notice of opposition to the making of a decision.

However, any change of design / overall appearance of the lot will require a special resolution at a general meeting

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.