New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 35

35 Persons who are not eligible to be elected to association committee

(1) The following persons are not eligible for appointment, nomination or election as members of an association committee--

(a) the managing agent for the association or for a subsidiary body of the association,

(b) the facilities manager for the association or for a subsidiary body of the association,

(c) a real estate agent carrying out functions in connection with the leasing of a lot in the association scheme or a subsidiary scheme,

(d) a person who is connected with the original owner, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed or nominated as a member,

(e) other persons prescribed by the regulations for the purposes of this section.

(2) An owner of a lot in a scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of the association committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the association committee.

(3) A person who becomes ineligible to be a member after becoming a member of an association committee must disclose that fact to the secretary or chairperson of the association as soon as possible after becoming aware of that fact.

(4) The disclosure is to be made by written notice given to the secretary or chairperson of the association, unless it is made at a meeting of the association or association committee.

(5) If the office of a member is vacated under section 38(1)(h) or 39(1)(f), the person is not eligible for appointment, nomination or election as a member for the period of 12 months commencing on the day the resolution is passed.