The following scenario was presented to me.
We are in the process of an NCAT dispute over the Owners Corporation’s failure to repair the common property. We have concrete cancer that is damaging the flooring in our unit and the Owners Corporation have not made any repairs for nearly two years.
I hold a general position on the Strata Committee of which there are five positions. There is now a motion for the next General Meeting to remove me from the Strata Committee because of ‘conflict of interest’. Is this valid?
My response to this is as follows:
Firstly, the act does not recognise this situation as a conflict of interest. For this to arise, the committee may be referring to clause 18 of Schedule 2 of the SSMA 2015, however, this talks about pecuniary (monetary) conflicts of interest rather than common property repairs that impact a lot (of which section 106 is more relevant).
If a ‘conflict of interest’ is of concern at a General Meeting, you can just abstain from voting on the repairs item on the agenda.
There are a number of ways to remove a strata committee member: