WA: Q&A Can owners require council nominees to submit background details before an AGM?

This article discusses whether owners can require council nominees to submit background details before the AGM.

Question: Can an owner lodge a motion requiring the council of owners’ nominees to submit background details before the AGM, and have the list circulated to all owners in advance?

Can an owner lodge a motion for an AGM requesting that nominees for a council of owners committee lodge a completed nomination form, including their background and capabilities, at least two weeks before the AGM? A list of nominees could then be circulated to all owners at least one week before the AGM.

The current process does not leave adequate time for owners to consider the merits of all the nominees.

Answer: A motion on the agenda cannot override the by-laws applicable to your scheme.

The standard governance by-laws note the following in relation to the election of the council at the Annual General Meeting:

5. Election of council at general meeting

The procedure for nomination and election of members of a council must be in accordance with the following rules —

1. The meeting must determine, in accordance with the requirements of by-law 4(3) the number of persons of whom the council is to consist.
2. The chairperson must call on those persons who are present at the meeting in person or by proxy and entitled to nominate candidates to nominate candidates for election to the council.
3. A nomination is ineffective unless supported by the consent of the nominee to the nomination, given —
1. in writing, and furnished to the chairperson at the meeting; or
2. orally by a nominee who is present at the meeting in person or by proxy.

The governance by-laws also have another six steps regarding the election process. If your scheme has the above by-laws, any suggested change requires a change to your governance by-laws. A motion on the agenda cannot override the by-laws applicable to your scheme.

Although your idea is a good way for owners to consider the options when voting for council, it can only be a suggestion, given that you have governance by-laws that specify the process.

Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400

This post appears in Strata News #763.

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