Strata committee
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Strata committee
The owners corporation ordinarily acts through its strata committee, which may comprise up to nine members, appointed under s 29 of the Strata Schemes Management Act 2015 (NSW).
As a general rule, decisions of the strata committee are decisions of the owners corporation (s 36(2) of the Strata Schemes Management Act 2015 (NSW)). However, the Act imposes restrictions on the committee’s powers. Specifically, the committee cannot make decisions:
(a) that require a unanimous or special resolution of the owners corporation, or (b) that the owners corporation has resolved to reserve to a general meeting (s 36(3) of the Strata Schemes Management Act 2015 (NSW)).
The owners’ corporation in a general meeting, may also continue to exercise any of its own functions under the Act or by-laws (s 36(4) of the Strata Schemes Management Act 2015 (NSW)). Where there is a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails (s 36(2) of the Strata Schemes Management Act 2015 (NSW)).
Further, the owners corporation in general meeting may continue to exercise any of the functions conferred on it by the Act or by-laws: s 36(4) of the Strata Schemes Management Act 2015 (NSW). If the owners corporation and the strata committee disagree, the owners corporation prevails: s 36(2) of the Strata Schemes Management Act 2015 (NSW).
Composition and meetings
The Strata Schemes Management Act 2015 (NSW) regulates the composition and operation of the strata committee. Members are elected at each annual general meeting of the owners corporation (s 30(4) of the Strata Schemes Management Act 2015 (NSW)).
At the first committee meeting following election, members must appoint a chairperson, secretary, and treasurer—each of whom also serves in that role for the owners corporation (s 41 of the Strata Schemes Management Act 2015 (NSW)).
Chairperson: Presides at both committee meetings and meetings of the owners
corporation (s 42 of the Strata Schemes Management Act 2015 (NSW)).
Secretary: Convenes meetings, issues notices, prepares and distributes minutes, and maintains the strata roll (s 43 of the Strata Schemes Management Act 2015 (NSW)).
Treasurer: Issues levy notices, manages accounts, prepares s 184 certificates,
maintains financial records, and prepares financial statements (s 44 of the Strata
Schemes Management Act 2015 (NSW)).
The strata committee must provide at least three days’ notice of meetings (Schedule 2, cll 4–5), including a detailed agenda (cl 7). Within seven days of a meeting, the committee must make the minutes and details of resolutions available (cl 17).
