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Executive Committee

In determining the responsibilities of the Executive Committee, you first must consider how to be elected onto the executive, its role, the roles of its members, the limitations and then what matters the executive has to contend with.

The executive committee is a small representative group of owners or owners nominees elected by the owners corporation. Its basic function is to administer the day to day running of the strata scheme.

Appointing the Executive Committee

The Strata Schemes Management Act requires it to be considered at each annual general meeting (AGM).

1. The Chairperson must read out any written nominations received;
2. The Chairperson must call for oral nominations (which must be accepted by the nominee);
3. Nominations must close;
4. A motion must then be put to determine the number to be elected;
5. The number is therefore determined by vote;
6. The executive is elected (where the number of nominations is greater than the number of positions a ballot is required);
7. At the close of the AGM an executive committee meeting should be convened to elect the office bearers for the ensuing year.

Electing the Office Bearers

An owner, a priority voter (mortgagee etc) or company nominee eligible to vote may nominate a person for election to the executive.

The following are eligible:

• an owner;

• a company nominee of a corporation that is an owner;

• a person who is not an owner but who is nominated by an owner who is not standing for election (this in effect can be anyone at all).

Co-owners can only be nominated by

• an owner who is not a co-owner of that lot, or

• a co-owner of that lot who is not a candidate for the election.

Determining the number

An executive must have at least 1 member and can have up to a maximum of 9 members. However, in a 2-lot scheme, it has 2 members who are the owners/nominees of each lot. Where the number of candidates is the same as or less than the number decided on, all candidates are elected. If the number of candidates is more than the number to be elected, a ballot must be held. In determining a ballot the Chairperson must carry out the following:-

• The Chairperson must announce each candidate and their nominator;

• Each person entitled to vote complete the ballot paper correctly;

• Rule out of order any ballot paper incorrectly completed;

• Announce the name of the persons (in order) of those getting the highest amount of votes in their favour down to the last vacancy on the executive; and

• If there are 2 persons tied for the last position then the Chair is to hold a vote by a show of hands.

The ballot form is to:

• Be signed by the voter;

• Completed in the voter's handwriting;

• List the name or names of those the voter wishes to vote for (this must NOT be greater than the number determined by the owners corporation);

• List the capacity that the voter is voting (i.e. as owner, proxy, company nominee etc);

• If being cast by proxy the name of the owner.

Electing the Office Bearers

At the first executive committee meeting held after the annual general meeting (which is often straight after the AGM) the executive appoints its office bearers i.e., the secretary, treasurer and chairperson.

A secretary's duties include mainly the administrative roles of the executive, the treasurers the accounting functions and a chairperson is to chair the meetings, including conducting poll votes or executive ballot. The chairperson may declare a motion out of order if he/she considers it to be unlawful or unenforceable and may be asked to read out the names of persons entitled to vote.

Filling an Executive Committee Member Vacancy

The owners corporation must appoint a person eligible for election to fill the vacancy until the next annual general meeting. That appointment is a person who satisfies the criteria for election to the executive. The appointment of an eligible person can be carried out at either general meeting by ordinary resolution, or by a resolution of the executive committee.

Acting Members of the Executive

A member of the executive committee may, with the consent of the executive committee, appoint an owner or company nominee of an owner company to act in the member’s place at any meeting of the executive committee. The owner or company nominee is taken to be the member when acting under such an appointment. Where the appointee is an existing member of the executive committee, he or she is entitled to one vote in that capacity and one vote as a nominee.

The best managed buildings are those with active committees, supported by interested owners working with a competent and dedicated managing agent.

The Strata Agency would welcome the opportunity to discuss the management of your scheme, or if you would like an obligation free management quotation please contact us.