Under the new reforms to the NSW strata legislation, tenants are able to nominate one tenant representative for the Strata Committee at a tenant’s meeting. However, not all strata schemes are eligible to appoint a tenant representative, as at least half of the number of lots needs to be registered tenants (tenants that have notified in a tenancy notice to the Owners Corporation in accordance with the Act).
There are restrictions in place for tenant representatives when it comes to decision making and discussions at a general meeting. A tenant representative is not entitled to:
- Vote on decisions of the committee or put a motion or nominate a person for office
- Act as an officer of the Owners Corporation for committee purposes
- Be counted in determining whether there is a quorum of the committee.
- Be present when the financial statements, auditor’s reports, levying of contribution, recovery of unpaid contributions, strata renewal proposal or any related matter, and any other financial matter specified by the regulations are being discussed or determined.
Tenant representatives will be permitted to attend some parts of a general meetings but will not have a say in terms of voting.
Is this whole exercise of appointing a tenant representative a waste of time?