Tenant representative on Strata Committee

@Cobra said:
I have a few queries in regard to the new NSW legislation and the issue of a tenant representative.

1. The provision that “a tenant representative for the strata committee may be nominated by the tenants, if there are tenants for at least half the lots in a strata scheme”. Is my understanding correct that the “half” refers only to the number of lots and does not involve the entitlement of the respective lots?

According to the relevant section of the recently released regulations (below) you are right – it’s the number of lots, not the UEs

2. If the above provision applies to a strata, is the Owners Corporation / Strata Committee required to be proactive and organise a tenant representative or is it entirely up to the tenants to organise themselves and approach the Owners Corporation / Strata Committee?

The regs clearly say whoever organises the strata scheme’s AGM must also organise the election of the tenants rep.

3. If there is no approach from tenants the Owners Corporation / Strata Committee is not required to take any action?

No.  If half the lots are occupied by “eligible tenants” then the chair, secretary or strata manager has to organise an election.  By the way, if only one tenant turns up, they can chair the meeting then nominate and elect themselves. 

However, bear in mind that according to my highly reliable sources, about half of rental agents don’t bother to register changes of tenancy with the Owners Corp (despite a legal requirement to do so) and about 90 percent of private landlords are similarly slack – so how are you ever going to get to your 50 percent of residents being eligible tenants?

Anyway, here is the relevant section of the regs:

7 Tenant representatives: section 33 of Act

1. A person who is entitled to convene an annual general meeting of an owners corporation that has tenants for at least half of the number of lots in the scheme must convene a meeting of eligible tenants for the purpose of the nomination of a person for the position of tenant representative on the strata committee.
2. The person must give notice of the meeting to each eligible tenant at least 14 days before the annual general meeting and the tenants meeting may be held at any time before the annual general meeting, but not earlier than 7 days after notice of the meeting is given.
3. Notice may be given in one of the following ways:
      (a) by causing a copy of the notice to be prominently displayed on any notice board required to be maintained by or under the by-laws on some part of the common property
      (b) by written notice given to each eligible tenant.
4. The convenor of the meeting, or a tenant nominated by the eligible tenants present at the meeting, is to chair the tenants meeting.
5. An eligible tenant may nominate for, or nominate another eligible tenant for, nomination as the tenant representative at the meeting.
6. The tenant representative to be nominated by the eligible tenants for a strata scheme is to be determined by majority vote of tenants present at the meeting.
7. The quorum for the meeting is one person.
8. The term of a tenant representative commences at the end of the annual general meeting at which the nomination is received.
9. A person is an eligible tenant for the purposes of this Part if the tenant is a tenant notified in a tenancy notice given in accordance with the Act.