Who can be on the strata committee?

In NSW, a strata committee may include a sole lot owner, an eligible co-owner, a company nominee for a corporate owner, or a properly nominated non-owner. Unfinancial owners, building managers and leasing agents who don't own a lot, and members removed in the last 12 months are generally ineligible.

In New South Wales, a strata committee can include a sole lot owner, an eligible co-owner, a company nominee for a corporate owner, or a non-owner who has been properly nominated by an owner. This means a committee member does not always have to own an apartment in the building — an owner may nominate a family member, adviser or tenant, provided the nomination and eligibility requirements are met. However, some people are restricted from joining, and an owner who owes money to the owners corporation may be ineligible if the debt is not paid before the election meeting.

Quick answer

A NSW strata committee may include lot owners, eligible co-owners, company nominees and properly nominated non-owners. A non-owner can be nominated by an owner who is not already serving or standing for election. A person may be ineligible if they owe levies, are a building manager or leasing agent without owning a lot, fail to disclose certain developer or building-manager connections, or were removed from the committee within the previous 12 months.

Who is eligible to join a NSW strata committee?

The NSW Strata Schemes Management Act 2015 identifies several categories of people who may be appointed or elected.

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Can a person nominate themselves?

Yes. A sole owner of a lot may nominate themselves for election. If a corporation is the registered owner, the corporation may nominate its company nominee. Nominations are generally made before or during the annual general meeting in accordance with the required election procedure.

Can a non-owner serve on the committee?

Yes. NSW law allows a person who does not own a lot in the scheme to be elected if an eligible owner nominates them. The nominating owner cannot already be a committee member and cannot be seeking election as a member at the same time. A non-owner committee member might be a tenant, family member, adviser or another trusted person, but the person must still satisfy all other eligibility requirements.

Can a tenant be on the strata committee?

A tenant may be elected as a voting committee member if an eligible owner properly nominates them as a non-owner candidate.

There is also a separate tenant representative role in NSW schemes where tenants occupy at least half of the lots and the required tenancy notices have been given. The tenant representative may attend and speak at committee meetings, but does not vote. The representative may also be excluded when certain financial matters, unpaid levies or strata renewal matters are discussed.

Tenant representative vs elected tenant

A tenant representative is a special non-voting position created under the legislation. A tenant who is separately nominated and elected as an ordinary committee member is different and may vote in the same way as other elected members.

Can co-owners both be on the committee?

Generally, only one co-owner of the same lot can be a committee member at the same time. A co-owner must be nominated in the manner required by the Act. The restriction also applies to a company nominee representing a corporate co-owner. Different rules may apply where a person owns more than one lot and is entitled to make nominations for those separate lots.

Can a company be on the committee?

A corporation cannot physically sit on the committee as an individual member. Instead, it appoints a company nominee to represent it. The company nominee may be elected where the corporation is a sole owner or eligible co-owner of a lot and the nomination requirements are satisfied. The scheme should keep evidence of the company nominee appointment with its records.

Who cannot be elected or appointed?

A person may be excluded because of their financial status, role in the scheme, connection with the developer or a previous removal from office.

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Can an owner with unpaid levies join?

Not if the owner was unfinancial when notice of the meeting was given and the overdue amount remains unpaid when the election meeting takes place. If the amount required under the legislation is paid before the meeting, the owner may become eligible to stand. Because levy status and timing can affect eligibility, the secretary or strata manager should verify the records before the election.

Can the building manager join?

A building manager who does not own a lot in the scheme is generally not eligible to be elected or appointed. If the building manager is also a lot owner, the ownership exception may apply, but conflicts of interest should still be disclosed and managed carefully. The building manager is different from the strata manager. Neither role automatically gives a person a position on the committee.

Can a real estate agent join?

A real estate agent who carries out leasing functions for a lot in the scheme is generally ineligible unless the agent also owns a lot in that scheme. This restriction is intended to reduce conflicts between commercial leasing interests and committee decision-making. An agent whose work is unrelated to leasing within that particular scheme may need to be assessed under the exact statutory wording and any other conflict requirements.

What connections must be disclosed?

A person connected with the original owner (commonly the developer) or with the building manager may need to disclose that connection before the election or appointment. The disclosure should be made at the meeting before the election, or in writing to the secretary or chairperson where required. Examples may include employment, business, family or financial connections. Where eligibility is unclear, the scheme should obtain legal advice rather than relying on an informal assumption.

How many people can be on the committee?

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How are committee members elected?

A new committee is elected at each annual general meeting. Existing members may stand for re-election if they remain eligible.

Who chooses the chairperson, secretary and treasurer?

After the committee is elected, its members appoint the office bearers. The committee must appoint a chairperson, secretary and treasurer. One person may hold more than one office. The office bearers perform specific meeting, record-keeping and financial functions, but they remain subject to the decisions of the committee and owners corporation.

What duties apply to every committee member?

Does a committee member need special qualifications?

There is no general requirement that every elected member hold a professional licence or formal qualification. However, committees benefit from members with skills in finance, maintenance, governance, communication, insurance and contract review.

Key takeaways

Related questions

Does a committee member have to live in the building?
No. An eligible owner may live elsewhere, and a properly nominated non-owner may also be elected.
Can a tenant vote on the strata committee?
A tenant who is properly nominated and elected as an ordinary committee member can vote. A statutory tenant representative cannot vote.
Can both owners of one apartment be elected?
Generally, only one co-owner of the same lot may be a committee member at the same time, subject to the multi-lot nomination provisions.
Can the strata manager be a committee member?
A strata manager does not become a committee member merely because they manage the scheme. Eligibility would need to be assessed separately under the Act and conflict rules.
Can someone be removed from the committee?
Yes. The owners corporation may remove one or more committee members by general resolution at a general meeting. The Tribunal may also remove members in certain circumstances.
Can a former committee member stand again?
Yes, if eligible. However, a person removed by a general resolution is ineligible for 12 months from the resolution date.
Can an owner with unpaid levies be elected?
Not if the owner was unfinancial when the meeting notice was given and the relevant amount remains unpaid before the meeting.
How many members can a committee have?
Most NSW committees have between one and nine members. Large schemes must have at least three, while two-lot schemes have one representative from each lot.

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