Self Nomination of co-owners

Election of executive committee members

The Strata Schemes Management Act 1996 No 138 and the Strata Schemes Management Regulation 2010

Seems to have different standards we use Strata Schemes Management Regulation 2010 and allow co-owner of a lot to self-nominate that is not allowable under Strata Schemes Management Act 1996 No 138

Does the older Strata Schemes Management Regulation 2010 Current (my) version for 1 July 2012 override the later Strata Schemes Management Act 1996 No 138 Current (my) version for 5 July 2013.

Often one acts updates another but then this is advised but this time no mentioning about the other act

The full name of the act is

Strata Schemes Management Regulation 2010 under the Strata Schemes Management Act 1996

 

Question

Can a co-owner of a lot to self-nominate

 

Strata Schemes Management Act 1996 No 138

Schedule 3 Constitution of executive committee of the owners corporation and meetings of executive committee

Part 1 Provisions relating to constitution of executive committee

2 Constitution of executive committees for strata schemes with more than 2 lots

(1) This clause applies to an owners corporation for a strata scheme comprising more than 2 lots.

(2) The executive committee is to consist of such number of members, being not more than 9, as the owners corporation may determine.

(3) The members of an executive committee must be elected at each annual general meeting of the owners corporation.

(4) A person is not eligible for election as a member of an executive committee unless the person is:

(a) an individual who is an owner,

(b) a company nominee of a corporation that is an owner, or

(c) an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.

(5) A person who is co-owner of a lot may not be a candidate for election as a member of the executive committee unless the person is nominated for office:

(a) by an owner who is not a co-owner of the lot, or

(b) by a co-owner of the lot who is not a candidate for election as a member.

 

Strata Schemes Management Regulation 2010

Part 5 Election of executive committee of owners corporation

17 Election of executive committee

(1) At a meeting of an owners corporation at which its executive committee is to be elected, the chairperson must:

(a) announce the names of the candidates already nominated in writing for election to the executive committee, and

(b) call for any oral nominations of candidates eligible for election to the executive committee.

(2) A written or oral nomination made for the purposes of such an election is ineffective if it is made by a person other than the nominee unless it is supported by the consent of the nominee given:

(a) in writing, if the nominee is not present at the meeting, or

(b) orally, if the nominee is present at the meeting.

(3) After the chairperson declares that nominations have closed, the owners corporation is to decide, in accordance with clause 2 (2) of Schedule 3 to the Act, the number of members of the executive committee.

(4) If the number of candidates:

(a) is the same as, or fewer than, the number of members of the executive committee decided on—those candidates are to be declared by the chairperson to be, and are taken to have been, elected as the executive committee, or

(b) is greater than the number so decided on—a ballot is to be held.