Can a Non-Owner Serve on a Strata Committee?

Strata Committees are made up of elected lot owners who represent the interests of all property owners within an owners corporation.

Under Victoria’s Owners Corporations Act, only lot owners or those holding a valid proxy from a lot owner can be elected to the Committee.

Without that legal authority, non-owners including tenants, family members, or residents, are not eligible, even if they regularly attend meetings or contribute to the community.

Legal framework for Strata Committees in Victoria

Strata Committees do not operate informally. Their structure, powers, and eligibility requirements are governed by Part 5 of the Owners Corporations Act 2006 (Vic).

Key legislation governing Strata Committees

Under the Act:

• Section 100 states that an owners corporation with 10 or more lots must elect a Committee at its Annual General Meeting. If the property has fewer than 10 lots, forming a Committee is optional but permitted.
• Section 101 confirms that the Committee exercises powers delegated by the owners corporation. This typically includes overseeing maintenance, approving certain expenditures, and managing day-to-day operational decisions.

In most multi-lot Victorian properties, a Committee is not simply helpful. It is a legal requirement.

Legal requirements for Committee membership

So, who exactly can serve on a Strata Committee and who can’t?

Here’s what the OC Act says about eligibility, as outlined in Section 103:

Committee composition

• must have at least 3 members and no more than 7, unless the owners corporation passes a resolution allowing up to 12 members
• only lot owners or proxies for lot owners can be elected
• only one member per lot can serve on the committee at a time

Nomination process
Lot owners or their proxies can nominate for election either in writing or orally, provided they are present at the Annual General Meeting (AGM).

Who cannot be elected
A person cannot be elected if:

• they are not a lot owner or don’t hold a valid proxy for a lot owner
• they represent a lot that is in arrears for any fees. In this case, they are automatically suspended from the Committee until the fees are paid in full
• the building manager, or a real estate agent leasing property within the scheme, unless they also own a lot
• anyone connected to the original owner (developer) or current building manager unless this connection is disclosed in writing prior to the election

Use this simple list to check if someone qualifies:

Answering the question: eligibility of non-owners

Under Section 103 of the Owners Corporations Act 2006, the answer is clear:

“The members of the committee must be lot owners or hold proxies on behalf of lot owners.”

In most day-to-day scenarios, such as tenants or non-owner occupiers volunteering informally, the law does not permit them to serve on the committee or make decisions on behalf of the owners corporation.

How non-owners can contribute to the committee

While the legislation is quite strict, there are some limited situations where non-owners may participate in committee activities but not as voting members.

Sub-committees or working groups
An owners corporation can form sub-committees or working groups to assist with specific tasks (e.g. managing a building repaint, reviewing garden maintenance). These may include non-owners but they do not have decision-making power.

Support roles or observers
A tenant or family member might be invited to attend meetings as an observer, especially in smaller buildings where community involvement is encouraged. However, they cannot vote or make motions unless formally elected through a proxy and meet all other requirements.

Proxy holders (with conditions)
As mentioned, a non-owner proxy holder may be nominated on behalf of a lot owner. In this case, their eligibility depends on:

• having written authorisation from the owner
• the lot not being in arrears
• no other representative from that lot already serving

This is not an exception to the rule but rather a legal workaround that still centres on owner representation.

Challenges of including non-owners

While non-owners may offer valuable input, Strata Committees are structured to prioritise owner representation, accountability, and long-term decision-making. Understanding these boundaries is key to maintaining fair and effective governance.

Potential drawbacks or conflicts of interest

Including non-owners like tenants on a Strata Committee can lead to challenges such as:

• conflicts of interest, especially when decisions affect their lease or living situation
• short-term focus, as they may not be invested in the long-term value of the property
• limited knowledge of strata laws, increasing the risk of uninformed or inappropriate input
• potential influence, where non-owners could be swayed by individual owners or agendas

Strata Committees are meant to reflect the interests of owners, those with a legal and financial stake in the property. Involving non-owners can:

• undermine accountability, as they’re not liable for levies or long-term consequences
• create representation gaps, since decisions may not align with owner priorities
• lead to confusion over voting rights, as non-owners aren’t legally permitted to vote unless acting as a valid proxy

Poor governance structures often create broader management problems.

A real example from Chelsea

We assisted a Chelsea owners corporation that had no active Committee in place. Without structured oversight, the manager operated with minimal accountability.

When owners attempted to access basic records such as AGM minutes and financial statements, they were asked to pay over $160 in access fees. At the time, regulated fees under Consumer Affairs Victoria were significantly lower and inspection of records was free.

Further review uncovered:

• an unexplained maintenance charge of $23,725.46 with no supporting documentation
• delayed electrical works affecting safety
• unclear approval trails for expenses
• resistance when issuing a valid termination notice

The matter ultimately escalated to VCAT when the outgoing manager sought over $2,300 in termination charges that were not properly supported under the contract.

With structured guidance, the owners:

• ran a compliant ballot and Special General Meeting
• terminated the contract correctly
• defended their position
• secured release of records
• appointed a new manager through a transparent tender process

The key issue was not just poor management. It was the absence of proper governance and oversight.

When eligibility rules, documentation processes, and Committee structures are not clearly understood or implemented, small compliance gaps can become expensive disputes.

How Strata Management Consultants can support your Committee

At Strata Management Consultants, we specialise in guiding Strata Committees to operate lawfully, effectively, and in harmony, especially when it comes to eligibility, structure, and governance.

Not sure if your current management is working as it should?

If your building is experiencing:

• slow communication
• unclear financial reporting
• resistance to providing records
• ongoing unresolved maintenance
• or simply a lack of transparency

It may be time to assess whether your governance and management structure is serving owners effectively.

We offer confidential discussions to help Committees understand their options. There is no obligation to change managers. Sometimes reassurance is all that is needed. In other cases, structured guidance can prevent costly disputes later.

If you would like an independent perspective on your building’s governance or management arrangements, you are welcome to contact one of our Consultants.

A short conversation today can prevent significant complications tomorrow.